Spouse working on EAD - Laws /Rules ???

A

abc94536

Registered Users (C)
Hi,

I am on H1 and my spouse is on H4. My employment based I-140 got approved today and am expecting my (and my spouse's EAD) anytime soon. Here are my queries -

a) Are there any legalities /rules invloved, if my spouse works on EAD.
b) Are there any legalities /rules invloved, if my spouse starts a company.


Any link /document/ insight would be a big help !
 
nandpc said:
Can you please post your RD for 140 & 485.
Click to expand...

VSC
140 - 02/24/04, RFE - 03/19/04, RFE Response - 05/26/04, AD -06/12/04
485 - 02/24/04, AD - ??
EAD - 02/24/04, AD - ??
AP - 02/24/04, AD -??
 
a. There are no rules. Just be sure to renew the EAD early enough to prevent a lapse in work authorization. (at least 90 days before it expires)
b. Yes you can. The only type of company you cannot start on an EAD is an S-corp. (All board members must be permanent residents or citizens). All other business types (partnership, LLC, S-corp) are ok.

Regards

Rav
 
Thanks!

ravioli_21_99 said:
a. There are no rules. Just be sure to renew the EAD early enough to prevent a lapse in work authorization. (at least 90 days before it expires)
b. Yes you can. The only type of company you cannot start on an EAD is an S-corp. (All board members must be permanent residents or citizens). All other business types (partnership, LLC, S-corp) are ok.

Regards

Rav
Click to expand...
 
My wife is on EAD and she plans to start a company. Can I work through this company on EAD? Or do I need to work in any outside company till I get GC?

I am the primary 485 applicant.

Thanks!
 
Yes you can. A couple of things to bear in mind though.

1. You must maintain a full time position with your sponsor. You cannot get a GC through a company that you or a relative own more than 5% of.
2. If you are currently working on an H1 with your employer, using your EAD to obtain a second job will cause you to lose your H1 status and you will have to switch to the EAD with your current employer.

Regards

Rav
 
I think as long as you work full time with your H1 sponsor then you can work part time on EAD without losing your H1 B status. You will loose the H1 B status only when you stop working for your H1-B sponsor and take up a full time employment with another company.

Please consult your attorney before you take up the second job using EAD.

HTH
 
hathwar said:
I think as long as you work full time with your H1 sponsor then you can work part time on EAD without losing your H1 B status. You will loose the H1 B status only when you stop working for your H1-B sponsor and take up a full time employment with another company.
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You lose your H-1B status when you do anything that the H-1B alone would not let you do, including a 2nd job.
 
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