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mg23

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

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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!

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November 5, 2010 Interview 7am APPROVED!!!!!! (6months 4weeks 1day) THANK YOU LORD!!!!!

(look at my about me page in my profile if you want to see my entire k1 journey)

AOS Journey:

Feb.4, 2011 Mailed AOS packet

Feb. 7, 2011 Pkt delivered in Chicago

Feb. 10, 2011 Received txt and email of NOA for AOS, EAD, and AP

Feb. 11, 2011 Check cashed for AOS

Feb. 12, 2011 Touched

Feb. 14, 2011 received hard copy of NOA for AOS, EAD& AP

Feb. 18, 2011 received appt letter for biometrics

Feb. 28, 2011 biometrics appt @10am

Feb. 28, 2011 received txt/email AOS case transferred to csc

Mar 1, 2011 AOS Touched

Mar 3, 2011 received hard copy of AOS transfer to csc

Mar 4, 2011 AOS Touched

Mar 28, 2011 Received txt/email saying card production has been ordered. (1month 3eeks 3days)

Mar 28, 2011 Received 2nd txt/email saying we have registered this customer permanent residence status

Mar 29, 2011 Received 3rd txt/email says card production has been ordered.

April 1, 2011 greencard and welcome letter in hand!!

April 5, 2011 received txt/email EAD card production ordered

Will Start Removing Conditions Dec 2012!!!!

Dec. 26, 2012 mailed ROC paperwork

Dec. 28, 2012 NOA for ROC paperwork

Jan. 7, 2013 received bio appt letter

Jan. 24, 2013 bio appt.

June 22, 2013 10yr green card received

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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?

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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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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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.

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