EAD

Description

Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.

H-4 EAD or otherwise & Remote Work for Indian Company: Legality and Considerations

Question details

I have H-4 EAD. However, I have not yet found a relevant IT job. Can I take up a remote job offer from one of the Indian payroll companies? Is it allowed legally?

 

Video URL
FAQ Transcript

Yes, you can work for a company based in India while on an H-4 visa, especially if you have an Employment Authorization Document (EAD). Working remotely for a foreign company from within the United States is legally permissible. However, it's essential to consider tax implications. You may be required to pay taxes in the USA, so it's advisable to consult with a tax professional or accountant to understand your tax obligations accurately.

OPT EAD errors and typos: Eligibility for resubmission or renewal strategy?

Question details

I graduated in May 2023. I'm currently working with an NGO and looking for a job. USCIS sent me my EAD with the wrong photo (typographical error) in August '23. I sent it back with the correct photo, and they sent me another EAD with the wrong photo in January '24. I also made a case to the Ombudsman, but they weren't able to assist me. Can I apply for a new EAD? (I've passed the 60 days after graduation period)
or should I use the EAD that's already there with me (with the wrong photo)?
or I can wait until EAD renewal and get EAD again How should I approach this situation?

 

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FAQ Transcript

You can continue working legally despite the EAD photo error.
Apply for a replacement EAD with a fee waiver due to the government error.
Explore the "receipt rule" for potential work authorization while waiting.
Contact USCIS to explain the situation and request expedited processing.
Remember, this isn't legal advice, and consulting an immigration attorney is crucial for the most suitable course of action.

Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

Immigration Law

FAQ’s:

  • Working outside the United States on H-1B visa and the implications for remote employees
  • Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Other:

Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension

Release Date 

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.

Recording for August 10, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Agency

Immigration Law

FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140

Question details

I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?

 

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FAQ Transcript

The answer is largely No, except under limited EB-1C circumstances.

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

Release Date 

U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements: