Starting A Side Business

[ravioli_21_99]

I've seen postings on this before, but have yet to see a definitive answer. (perhaps one doesn't exist, but here goes).

I have an I-485 in process. I want to start a side business. (meaning I will keep the 9-5 job that sponsored my GC).

I also understand that anyone can start a business, you just can't work for it. (unless you have work authorization.(I do have an EAD now))

Question 1. What defines "work"? Is it the act of receiving monetary compensation for your time or is it simply that fact that you performed a service for the company, even though no payment had been made? Is it the cash that makes the difference to the INS?

Question 2. When you incorporate a company, you specify the principal officers on that incorporation. Does the fact that you have the title, "CEO, CFO or secretary" imply that there is some sort of job duty and therefore you are working for the company? If this is true, then how can "anyone" start a company as I have heard stated?

Question 3. When applying for your GC, you must have intent to work for the sponsoring employer. If you start a business during the process, does that show that you did not intend to continue working for the sponsor? (Let's be real here, nobody starts a company without the hope of that becoming their full-time job).

I do believe that's it for now. Hopefully this will spawn some constructive discussion.

Thanks

Rav

[gcwaiting007]

While I agree with **** on Q1 and Q2, I dont see Q3 quite that way. IF from the day one of the formation of your own company, if you devote majority of your time to that company only then your intent to work for the GC-sponsoring company suffers. But on the other hand, if it is a very low amount of time to start with for a reasonable duration and then it gradually increases, the the intent is not lost. So I dont think INS sees a problem.

For example, if you are running a consultancy business where you designate yourself as the CEO/CTO and someone else as the COO to run the day to day affairs, and your involvement is initially limited to providing the vision, direction and advise the company needs to take and you still maintain a 9-5 job at another place where you intent to work for a reasonable time (say 6 months or 1 year) bcos they sponsored your GC, I dont see how is it affecting that intent. It is like servicing two different clients at the same time. Providing Services to one does not mean that you dont intend to serve the other.

[ravioli_21_99]

I guess Q3 can be seen that way also. I think a lot of the immigration process is like a crap shoot. You roll the dice and hope for the best. Meaning, a lot of the law is vague and open to interpretation by the officer. One might see it your way, another might view it differently.

I'm still getting conflicting views on Q1. Some attorneys say what **** has stated. Others say that doing some things, without pay, is ok. I've heard of people working as a "volunteer" until their H1-B has been transferred. Or doing things for educational reasons. Ie. I offer to develop a web site for free so that I can expand my knowledge.

I wish there was a clear a concise INS definition to read. But then, the lack of definition is the point I was making above.

I'll go out on a limb here and ask something that I've been wondering for a while, how does the INS find out that you've been working if you're not being paid? (yeah, I know I probably sound like a sleeze, but I've been wondering).

Thanks for the discussion.

Rav

[Green_guru]

With EAD Why do you care.

You have EAD, so you can work...work with no pay....there is nothing stopping u. YOu just have to continue working for your employer under the current job .....

[ravioli_21_99]

"Now" was the operative word in my first post. When I originally started the business, I hadn't yet received it (the EAD). I continued the thread to see if I had proceeded incorrectly in starting the company and if so, how I should correct the situation.

I had also hoped it would benefit others who may be contemplating the same thing. I've seen different posts regarding this, but in a lot of them, there appeared to be a language barrier. (Meaning the questions weren't clear).

Sort of a public service thing.