When my EAD card comes, can I take on extra work?

[mg23 1]

Hi there,

I'm a foreigner in the USA married to a US citizen. I'm on an H-1B visa and we've applied for I-485/I-130/I-765/I-131. I plan to continue my H-1B job until post-approval of green card because it looks like me and my wife may need to use my H-1B job's earnings on an amended I-864 that we'll take to the interview. The rules state that for the beneficiary to use their income on the form, that income needs to be earned from the same employer pre- and post-approval so during this process and until the dust settles afterwards, I'm going to stay employed there on the H-1B.

My H-1B visa stipulates I can only work for one employer, the one tied to my visa. When my EAD card comes am I then permitted to take on extra work outside of that job? Or am I still bound by the H-1B visa limits until I leave the country and re-enter on a different visa? I've had some offers to do some contract work which I could easily do outside of my standard working week.

Thanks!

[Harpa Timsah 13,258]

You can do extra work, sure.

[patient2010 93]

[mg23 1]

I was under the impression that it's an either/or situation: EAD or H-1B. So if I take on extra freelance work (under my EAD card) then I lose H-1 status and need to tell my main employer about that, which entails filing a new I-9 form? Is that true? I read it on another forum a few mins ago but the post was from 2005 or so.

If that's the case, another option is to do the freelance work through my main employer - they'd be happy to bring in the extra revenue and I wouldn't be revoking my H-1B visa mid-application process. I have to make this decision with the amended I-864 in mind: does it matter that I switched from H-1B to EAD mid-application, as long as I have a letter stating I'm in solid long-term employment with the company?

[Harpa Timsah 13,258]

I am not sure if there is any such thing as "activating" your EAD card. I suppose taking additional work will violate your H1B status, but that work will be authorized, so you are doing nothing wrong. I was going to mention that if you travel out of the country, you might need to use your AP, but it will most likely be combined with the EAD card so you're good either way.

So, I don't know what technically happens with your status, but I am not aware of any negative ramifications. I suppose if you violated your H1B you couldn't fall back on it if your AOS was denied, but if your marriage is real it won't be denied, so that line of thinking isn't too useful.

As far as the I-864, it doesn't matter your status, as long as it's legal work and it will continue from the same source.

[grrrrreat 109]

I was under the impression that it's an either/or situation: EAD or H-1B. So if I take on extra freelance work (under my EAD card) then I lose H-1 status and need to tell my main employer about that, which entails filing a new I-9 form? Is that true? I read it on another forum a few mins ago but the post was from 2005 or so.

If that's the case, another option is to do the freelance work through my main employer - they'd be happy to bring in the extra revenue and I wouldn't be revoking my H-1B visa mid-application process. I have to make this decision with the amended I-864 in mind: does it matter that I switched from H-1B to EAD mid-application, as long as I have a letter stating I'm in solid long-term employment with the company?

Hi, Yes, working in another job may be deemed as abandoning your H-1B status (since the H-1B visa prohibits taking jobs other than the H1-B job). If you need to take on extra work, you can use your EAD, but you should also present your EAD to your current employer and file a new I-9. There are a couple of ramifications about taking on extra work. First, since your H-1B is void, you won't be able to travel on it. If you didn't apply for advance parole already, you should do that in case you need to travel while the green card is pending. Also, if you work using the EAD, in the unlikely event that your LPR application is denied, your EAD will be revoked and you won't have a valid H-1B anymore, so you should keep that in mind.

You could avoid all of this by waiting until your LPR status comes through, but maybe you will conclude that the risks are worth the extra work. When that happens, you should definitely update your current employer and file a new I-9.