485 EAD AP questions

[akshay1121]

Hello

I had some questions about pending AOS-485 -

1. Is traveling on AP without stamped H1 advisable for Consultants working on Employer>Vendor>Client model. (When I say advisable, e.g. its not so advisable for Consultants to travel on H1.

2. Once AP is used for travel, does the valid H1 status stay or does it shift to EAD.

3. How do we declare that one wants to work on EAD and not H1 anymore.

4. If a dependent H-4 spouse works on EAD part-time and intermittently, can there be any queries during 485 processing. (I presume she loses her H4 status which is not a problem)

5. If one shifts to EAD what kind of taxes will he/she be paying.

Thanks

[Belle]

Changing from H1 to EAD does not change your tax situation - you are already considered to be a resident for tax purposes on H1 (unlike F1 or J1). There are two ways to ditch your H1 for sure - you can either work for another employer on EAD (even if it is a second job - you are in violation of H1, and thus out of status), or you may let H1 expire, i.e. not extend it any more. Entering on AP may or may not put you out status - lawyers opinions differ. Filling out a new I-9 will not do it. If the goal is to make sure you work authorized (as opposed to make sure you are not in H1 status), then you just need to have an EAD, and that's it. The USCIS may come back and ask whether you were authorized to work at any time, and all you need to do is to show a copy of your EAD valid for that time.

[pontevecchio]

1. You can do that if the stamp is denied.

2. you would then use the EAD and generally and usually not in H1 status.

3. Inform HR and change I9.

4. working on EAD means H4 status is gone.

5. The same as anyone else.

Working on the basis of an EAD is fine.

[MayEB2I]

1. Is traveling on AP without stamped H1 advisable for Consultants working on Employer>Vendor>Client model. (When I say advisable, e.g. its not so advisable for Consultants to travel on H1.

Yes

2. Once AP is used for travel, does the valid H1 status stay or does it shift to EAD.

H1 ends

3. How do we declare that one wants to work on EAD and not H1 anymore.

Submitting New I9 form to HR

4. If a dependent H-4 spouse works on EAD part-time and intermittently, can there be any queries during 485 processing. (I presume she loses her H4 status which is not a problem)

No

5. If one shifts to EAD what kind of taxes will he/she be paying.

No change in tax structure