I have an H-4 EAD and am running a small business from my house. The business is registered in my name, and I am the sole employee. My EAD renewal is pending. If the new EAD is not issued before my current one expires, I will stop doing any business until the new EAD is issued. Do I have to take some formal step of shutting down my business during the EAD renewal period to show the USCIS that I am not working without authorization?

Answer

There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine that the USCIS would claim mere ownership of a business as unauthorized employment. To that end, it would be wise to keep evidence that no work was performed during this period (e.g., invoice records, bank records). (28.Oct.2021)

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