EAD FAQs

Can GC-EAD holders start a business and what impact accrues on the pending I-485?

Authored on: Mon, 10/25/2021 - 05:33

Question

Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?

2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?

3.If I-485 is denied, can we  come back to H-1B again and do we have to refile I-485 again?

 

Answer

Video URL

A1: 1. If your situation is such that having a second business in no way contravenes your intention to continue your green card job, you are fine using it to get to do another job or to have your own business. I would advise you to talk to your own lawyers.

2. Whatever questions they ask it is your right to do so and the only focus of the inquiry USCIS should take is whether or not you have the intention to continue working with your own employer; the one who filed your adjustment of status and that should be their focus of inquiry. It shouldn't matter to them whether you have a second job, one side business or ten.

3. You should be able to file the I-485 again. More...

 

Nuances of changing employers during the green card process

Authored on: Wed, 10/13/2021 - 09:06

Question

My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

Answer

Video URL

Working for Two Employers on EAD

Authored on: Tue, 07/30/2019 - 03:39

Question

What is the likelihood that because of working in a dis-similar job, for a different employer, on EAD , my I-485 ( and the GC ) could be denied?

Answer

Watch the Video on this FAQ: Working for two employers on EAD

Video Transcript

I don't see any problem with it. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Starting Business on I-485 EAD

Authored on: Tue, 01/08/2019 - 03:26

Question

1. Am I allowed to open a corporation and run a business on GC-EAD?<br>
2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?

Answer

Watch the Video on this FAQ: Starting business on I-485 EAD

Video Trascript

1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.

2. Sure, as long as you are not losing focus of your main job - that's the job that got you your green card. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Transfer from H-1 (with I-140 approved) to H-4 EAD

Authored on: Fri, 08/25/2017 - 04:05

Question

I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

Answer

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

Compelling Circumstances EAD

Authored on: Fri, 07/07/2017 - 04:53

Question

I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.

Answer

Watch the Video on this FAQ: Compelling circumstances EAD

Video Transcript

I have given a few examples on my blog please look at that.

Your surgery was a good four years ago I don't know if there is something particularly difficult about your medical situation, but normally people with bypass surgery resume their normal lives. In your case, like I said if there are any particular circumstances, you can certainly apply for compelling circumstances EAD and you can keep getting that renewed. More

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Extending H-1/H-4EAD; working while extension pending

Authored on: Tue, 06/06/2017 - 00:08

Question

I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question
1. Should I file for H4 EAD extension along with my H1 and H4 extension
2. Can my spouse (H4-EAD) work while her extension in progress?

Answer

Video URL

 

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

 

Is it legal to work for a foreign based company in the USA?

Authored on: Fri, 05/19/2017 - 04:17

Question

My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?

Answer

Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

Video Transcript:

In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. More..


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Changing employers after 6 years of H-1 are over

Authored on: Tue, 04/04/2017 - 02:22

Question

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>

Answer

Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

Video Transcript

1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

Authored on: Fri, 03/24/2017 - 10:13

Question

My I-140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?

Answer

Watch the Video on this FAQ: "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

Video Transcript

I think if you have arrived at 180 days mark on or after January 17th, you should be covered by the regulations. More...


 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.