Wife is on H1b and as my dependant got EAD Can she work at multiple place?

N

navik_pathak

Registered Users (C)
Hi Gurus,

My wife is on H1 and she got EAD as my dependant.
She is currently working with her company so does she have to wait as primary for 180 days or not.

Can she work at multiple place if she gets oppetunity?

Thanks
 
Yes, she can

She can work at any number of places as long as she uses W-9 form at each place she works at, including the one where she is on H-1B. Once she uses her EAD to work at any place, she loses her H-1B status.

The only thing you guys then need to worry about is applying to renew the EAD about 4 months before the expiration of the EAD so as to continue being legally employed.
 
I need some advise

My wife's h1b expires in a week and as my dependent applied for AOS and EAD, but EAD hasn't been received yet. Can she take unpaid vocation until she gets EAD without terminating her employment?
Thank you
 
rusty,
Not quite sure about the legal complications, but here is something I know.

Even if she is not getting paid as she is on unpaid vacation, technically speaking, according to USCIS, she is still 'employed'. This will be in violation of the law.

If she has a week before her H-1 expires, you be able to file an extension , and as long as you have sent the H-1 extension documents, she is eligible to continue her employment legally and without having to take any unpaid time off.

Then, when she gets her EAD, she can follow the procedure to continue employment using W-9 form and EAD. You can then forget about the H-1 extension she applied for.

It may be a different story if you are not able to file the H-1 extension.
Hope things work out well.
 
Thank's Adekhne
Just wanted to find what is less expenseve way as my lawer quowted me 3k for an h1b extention which i will need to cover 1 month gap.
 
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not sure how..

I don't understand why your lawyer is charging that much for an extension. I know a lot of lawyers that charge way less than that... about 1/3rd, or less.

I don't know how USCIS can find that out, but definitely better to stay off the gray areas and play the legal game legally rather than take unnecessary risks. As it is the GC journey is a game of fate.
You can ask your wife's HR about what they suggest doing.
I know for a fact that working with/without pay is called employment according to USCIS and being employed without authorization is illegal.
 
H1 ext not required

rusty1 said:
Thank's Adekhne
Just wanted to find what is less expenseve way as my lawer quowted me 3k for an h1b extention which i will need to cover 1 month gap. I wonder how the uscis will see it if she is not on the payroll?
Click to expand...
Rusty: If you have 485 receipts, she will fall into AOS status. She does not need H1 extension for her to maintain the legal status. if you have AOS receipts, that should be fine.
 
Caliber said:
Rusty: If you have 485 receipts, she will fall into AOS status. She does not need H1 extension for her to maintain the legal status. if you have AOS receipts, that should be fine.
Click to expand...

Caliber,
He wants his wife to work.
She can be without extension as long as she has her receipts but she cannot work until she does one of:
1. apply for h-1 extension and has receipt in hand
2. EAD in hand

The question was not about her being in status... it was about working between the time her H-1B expires and getting EAD in hand.

Strictly tangibly speaking....
If the cost of having to stay off of work is more than the cost to apply for an h-1 extension, one should go ahead and file the h-1 extension.
 
You are right adekhne,

In our case h1b extension will cost more then she'll make for this time, so I'd rather see my wife sit at home and relax, the only problem if AOS get denied she will become out of status. Here is another question since I'm maintaining my H1b can she apply for H4 as my dependant in case of AOS denial without leaving the country? or should we apply for it now and to have it as a backup and use EAD to work?
Thanks
 
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