Need info on EAD procedures. Please help....

[sra7691]

Myself (H1B Visa) and my wife(H4 Visa) have applied for our green card and currently on AOS (Adjustment of Status) EB3 India Priority date May 2006. We both had ead/advance parole in the past (2013) but have never used it and it has expired last year. Always traveled on H1/H4 visa. The questions i have are as follows:

1)Can we both apply for EAD/AP now if it has expired last year and we have never used it. Still retaining our current H1b/H4 visa and has not expired.

2)If we do apply for EAD/AP, do both of us have to apply for it or can my wife only apply for it and work using the EAD. Would my current H1b status get affected even though she will use her EAD and AP.

3)If she does get it, can she work as an independent agent for a fashion retail company in India (For ordering goods on their behalf) and get paid by a U.S check from the purchaser (Based in the US) directly to my wife. In short, she will not be on payroll here in the United States.

4) If all this is fine, for tax purposes, how does she report this income to the IRS?

5) If she does work on EAD, how would she report this to USCIS as she doesnt work for a US Company as of now but as an independent agent for an indian based company abroad. The indian based company has plans to open their own company in the US with my wife as a partner.

Would appreciate answers please..

[rayb]

The simplest answer I can provide to "some" of your query below is that your wife should report her income, earned in the U.S., on Schedule C with her Federal Income Tax return as self-employment income, to stay honest and to establish a track record of correct income tax return filing.

If, as you say, she will be on the "payroll," that implies that she will be treated as an employee and receive a W2 at end of year, so her income then becomes employee income, rather than self-employment income. From what you describe below, she may be receiving income in both categories, and all should be reported on her annual tax return.

--Ray B

Myself (H1B Visa) and my wife(H4 Visa) have applied for our green card and currently on AOS (Adjustment of Status) EB3 India Priority date May 2006. We both had ead/advance parole in the past (2013) but have never used it and it has expired last year. Always traveled on H1/H4 visa. The questions i have are as follows:

1)Can we both apply for EAD/AP now if it has expired last year and we have never used it. Still retaining our current H1b/H4 visa and has not expired.

2)If we do apply for EAD/AP, do both of us have to apply for it or can my wife only apply for it and work using the EAD. Would my current H1b status get affected even though she will use her EAD and AP.

3)If she does get it, can she work as an independent agent for a fashion retail company in India (For ordering goods on their behalf) and get paid by a U.S check from the purchaser (Based in the US) directly to my wife. In short, she will not be on payroll here in the United States.

4) If all this is fine, for tax purposes, how does she report this income to the IRS?

5) If she does work on EAD, how would she report this to USCIS as she doesnt work for a US Company as of now but as an independent agent for an indian based company abroad. The indian based company has plans to open their own company in the US with my wife as a partner.