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start a business on EAD

Discussion in 'Start up company issues' started by ajsm, Jul 27, 2010.

  1. ajsm

    ajsm Junior Member

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    Hi ,

    My situtation is

    Me and My husband are both currently on H1-B visa working for company A and B
    My husband has file for a Green card and has a valid EAD card. His green card is not yet approved. We are waiting for his priority date to get current so that we can file for my AOS. Even though he has a valid EAD card he is still working with company A on his H1-B visa and not using his EAD card yet.

    Now my question is

    1) Can he start a LLC company X on his EAD while still maintaining his H1 status with company A ?

    2) Is there any way we can start a company with effecting any of our immigration status ?

    3) If not , then can we start a company X on my friends name who has a green card and be like partners or employees in that company while still maintaining our visa status with company A and B ?

    4) Can I work on 2 H1-B visa and work for both the companies? If not, then can I be a slient investor on company X

    Appreciate your help.
    AJ
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: start a business on EAD

    Presently, the CIS takes the position that as long as you continue working for the H1B employer, and don't do anything that would otherwise violate your H1B status, you may pursue other employment through an EAD. Personally, I think that at some point they are going to reverse themselves (again) on this issue and hold that it is a violation of H status. For now, however, he may set up and operate his own company on the side. If the company files an H petition on your behalf, you may work for it. You may certainly own a part of if, no matter what.
     
  3. pudaynag2000

    pudaynag2000 Junior Member

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    Re: start a business on EAD

    Hi Ron,

    Thank you for posting your comment. I am in the same situation and want to know if anything has changed from the USCIS perspective. I am currently holding H1B and received EAD May 2012. I am currently not using EAD and my company has filed H1B extension which is still pending. I would like to register a business on the side this year to claim some taxes on expenses next year. I want to know if registering my own business is going to violate my H1B status. For this year, I am just looking to file my business as DBA rather than corporation or LLC.

    How about registering the business with a friend of mine who is on EAD and being a limited partner on the business. Would I be violating my status and can I claim my expenses next year.

    Thanks in advance
    Uday
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: start a business on EAD

    Anyone may own a business. The question is: are you working for the business? If you are, then you need employment authorization to do so. You have an EAD and right now the USCIS says that you may use that if you want to work for your business without disrupting your H1B status. That is policy, however, not law. Policy can be changed at any time. If you just use your EAD for all employment, then there is no problem - real or potential.
     
  5. Roy Vargis

    Roy Vargis Super Moderator

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    Re: start a business on EAD

    Uday,
    Being an shareholder is not an issue in your situation. Since you are not considering to actively participate in the business, it is as if you are making an passive investment or buying shares of a company.
     
  6. Biju Alex

    Biju Alex New Member

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    I am on EAD and own a business of same occupation. I was working on EAD and owns a company too. Recently I got laid off and I am focusing on my company business. This business is home based. I am expecting an RFE any time with priority date being current. DO you think owning a home based business will creat a reasonable doubt by USCIS or Should I lease an office and run the business.
    Thanks
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as you can show that you are working in the same or similar occupational classification, it doesn't matter whether you are self-employed or working for someone else.
     

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