Q: EAD and self-employment

[DaG]

Hi!

Maybe somebody would be able to share some knowledge or point to some USCIS guidelines regarding this topic:

May somebody, while keeping a full-time job with sponsoring employer, work on EAD doing some kind of job on himself/herself? EAD allows to work any kind of job on part-time basis but does it allow to be self-employed (a.e. do some consulting job, etc.)? That to be more specific - it is not EB1 case.

Thanks for your input!

 

[pralay]

Hi!

Maybe somebody would be able to share some knowledge or point to some USCIS guidelines regarding this topic:

May somebody, while keeping a full-time job with sponsoring employer, work on EAD doing some kind of job on himself/herself? EAD allows to work any kind of job on part-time basis but does it allow to be self-employed (a.e. do some consulting job, etc.)? That to be more specific - it is not EB1 case.

Thanks for your input!

Yes, using EAD you can be a self-employed.

 

[fast_gc_seeker]

Hi!

Maybe somebody would be able to share some knowledge or point to some USCIS guidelines regarding this topic:

May somebody, while keeping a full-time job with sponsoring employer, work on EAD doing some kind of job on himself/herself? EAD allows to work any kind of job on part-time basis but does it allow to be self-employed (a.e. do some consulting job, etc.)? That to be more specific - it is not EB1 case.

Thanks for your input!

Yes, using EAD you can be a self-employed.

Let me put it in this way...

U can do any kind of work on EAD but using it immediately inactivates
ur H/L visa status. So it means u can work for ur GC sponsoring employer
on EAD and work part time else where..but u will no longer be
on H1 status.

 

[rhinohere]

Does this mean using AC21 ?

Let me put it in this way...

U can do any kind of work on EAD but using it immediately inactivates
ur H/L visa status. So it means u can work for ur GC sponsoring employer
on EAD and work part time else where..but u will no longer be
on H1 status.

To further clarify this, does this effectively means you are using AC-21 and that you will have to inform the BCIS that you are ALSO working for this part-time job/consulting ?

Thank you,
Rhino.

 

[pralay]

To further clarify this, does this effectively means you are using AC-21 and that you will have to inform the BCIS that you are ALSO working for this part-time job/consulting ?

Thank you,
Rhino.

NO. You don't need to.

 

[ETA-GC]

To further clarify this, does this effectively means you are using AC-21 and that you will have to inform the BCIS that you are ALSO working for this part-time job/consulting ?

Thank you,
Rhino.

You would only need to use AC-21 if you change the sponsor for your GC application by switching to a different employer than the one that initiated the LC / I-140.

ETA

 

[DaG]

Let me put it in this way...

U can do any kind of work on EAD but using it immediately inactivates
ur H/L visa status. So it means u can work for ur GC sponsoring employer
on EAD and work part time else where..but u will no longer be
on H1 status.

Correct. It is absolutely clear that you loose your non-immigrant visa status once you start working on EAD - it doesn't matter if you are working on EAD for your sponsoring employer or any other employer.

I am just trying to find out if there are any risks involved (in terms of putting your AOS in jeoparty) if person would work as self-employed on his/her free time and if that work would be in absolutely different sphere/field than the main (full-time for sponsoring employer) job.

 

[pralay]

I am just trying to find out if there are any risks involved (in terms of putting your AOS in jeoparty) if person would work as self-employed on his/her free time and if that work would be in absolutely different sphere/field than the main (full-time for sponsoring employer) job.

No, there is no risk and long as your EAD is valid. You can work in any job including contracts (self-employed).

 

[DaG]

No, there is no risk and long as your EAD is valid. You can work in any job including contracts (self-employed).

Thanks, Pralay!

 

[TheRealCanadian]

I am just trying to find out if there are any risks involved (in terms of putting your AOS in jeoparty) if person would work as self-employed on his/her free time and if that work would be in absolutely different sphere/field than the main (full-time for sponsoring employer) job.

The only possible risk is that USCIS may question your intent to work for your sponsor after the adjustment is approved. However, if your work is clearly incidental to your full-time job, then you shouldn't worry at all.