Urgrent --Please help me on EAD

[canus_immi]

Hello friends

1) Can we do part time job on EAD . is that job should be same classfication. I mean if the sponsring company applied programmer analyst can we work as senior programmer analyst or as team leader ..

2) Can we work as independent contractor??

Please clarify

Thanks in advance

 

[BadKarma]

Q1) Can we do part time job on EAD . is that job should be same classfication. I mean if the sponsring company applied programmer analyst can we work as senior programmer analyst or as team leader ..

A1) You can work part-time on EAD. In fact you can do any number of part-time jobs on EAD. The job does not need to have the same classification as that mentioned in your sponsoring company's application. In fact it need not be in IT at all. For instance you could work as a part-time librarian or whatever you please. You should however keep in mind that once you've started using EAD for a part-time job, you are considered to be on EAD status as opposed to H1B if you were on H1B earlier till that point of time. You might have 2 - 3 years left on your H1 but once you are on EAD you have to keep renewing it every year.

Q2) Can we work as independent contractor??
A2) Yes. Refer to answer A1. Please keep in mind that you need to pay taxes (IRS 1099 form as opposed to W2) for your earnings on EAD. This would bump up your yearly earnings and that would be a factor while your 485 is adjudicated when they compare your yearly income to that mentioned previously in your LC.

 

[bumblebee]

But if you're the primary beneficiary of an employment-based I-485, won't the INS say "yo, I thought you applied for a green card based on a permanent job offer, how come you're working for yourself?"

 

[canus_immi]

My 485 is applied thru company and also i am coming to bench.
if they lay off .I never used EAD for my work . I applied one recently.

Can i take up part time jobs? if they ask me for independent contract can i take up .. that is my question

thanks

 

[BadKarma]

My previous answer was based on the assumption that you had a permanent job on H1B and you were trying to get a part-time job on EAD to boost your income.

In case you are laid off your permanent job AC21 law applies after 180 days of pending 485. You just have to ensure that you have a similar FULL-TIME job (with the same classification as on your LC) on EAD. This would be relevant only if you get an RFE or get called for interview. If you are lucky you might get GC without RFE or interview.