Work as an Actor- H1b or EAD

[funguy29]

I am currently in the U.S on H1b for the past 4 years. My H1b is for a computer programmer. I work my day job in that capacity. My Labor certification in under process. I have also been auditioning as an actor for Commercials and Industrial Films. It looks like I may be cast in an industrial film. My question is : If I accept the part, will this violate the terms of my H1-b ? Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side ? Thank you for your time.

[martinvisalaw]

Originally Posted by funguy29

I If I accept the part, will this violate the terms of my H1-b?

Yes. Your H-1B only allows you to work in that position, for the H-1B employer.

Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side?

Yes, however you will also need to use the EAD to authorize you to continue the computer programmer position. As mentioned above, once you work as an actor, you have violated the H-1B status and cannot use it even for the programmer position.

[funguy29]

Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.

[martinvisalaw]

Originally Posted by funguy29

Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.

Yes, acting without pay is working. You might not receive a benefit in financial terms, but you are getting other benefits - experience, publicity, etc.