Use of EAD

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BadKarma

Registered Users (C)
I am on H1B with my current employer (I-485 RD = 12/07/2001). I also have EAD. A few weeks ago I signed a contract with a local company to do a software project on a part-time/weekend basis working from home. Obviously I would have to rely on my EAD card for this project. Do I need to inform INS of this? Would this mean that my current status is EAD not H1B? My current employer is not aware of this. Would I be considered to be on EAD since the day I signed the contract or would it be effective when I actually get paid (could be a few months from now)? If there's any negative side to my using the EAD I would rather do the project free of charge. In that case would I be considered as not having used EAD since I never got paid for it?

Your opinion would be much appreciated! Thank you.
 
my thoughts

Once you have used your EAD you loose H1 status. You will then be working on EAD completely for both employer and software company. With the EAD you are allowed to have more than one job. But one of them has to be in same field as specified in the LC.
The day you use your EAD to work, thats the day your status changes.
About negetives I am not sure.
fisa
 
I don't see anything negative to use EAD either. But as your status has changed - please inform your employer to change the I-9 form ( EAD instead of H1)
 
Thanks fisa and abhi_011201

What if I do the job for free? Can I claim to have not used the EAD in that case?
 
My 2 cents

If you do it for free then you are not on EAD. You go on EAD only if you fill a I-9 form and say that you will use your EAD to work. Then again on H1 you cannot accept money from someone who's not ur employer.

My suggestion instead of doing it for free, if you have someone (wife assuming u r male) with an EAD and SSN, use that. You can do the work from home, ur wife can accept the money. It's not ethical, but not illegal either..

Good Luck..:) :)

Hey don't leave the money.. It's difficult to come by these days of bad economy.
 
As per previous post, for your spouse to accept the money, he/she needs to be having valid EAD.

To your question of whether accepting the money or not is secondary. As long as you have signed with them to work for them and you are entered in their payroll.. you're on EAD and you need to notify your current employer informing them that you are going to work on EAD. They can generate 0$ payroll on EAD and is valid. Your H1 is invalidated then. I am saying this because 0$ payroll cannot be generated if you are on H1.
 
Yes they will loose their H4 status as soon as they start using their EAD for work.
 
Re: 180DaysGuy,

Nandhakumar,

If the wife uses EAD to work she will automatically lose her H4 status. But she'll always be in status in this country as she's a Pending I-485 Adjustee. Again if she wants to travel out of the country, she'll then have to use the AP.

Hope this helps.. Ofcourse I am not a lawyer, my dad is one and I pretend to be one.. :D :D


Originally posted by Nandhakumar
What would be the spouse's status after he/she uses EAD. Will
they loose their H4 status.
Click to expand...
 
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