AC21 with my wife's company

R

rajbalu1

Registered Users (C)
Hello Gurus,

I have a situation. Can you please help me?

My friend and I started a consulting company 3 years ago and we now have about 30 employees. Since my friend was a GC and I was on H1, he was the sole owner on paper. After my wife and I got EAD(3 months ago), I added her as the second owner of the company. My name does not appear anywhere in the company papers.

I am still on H1 and am planning to file AC21 in the company that my friend and wife own. Will there be any problems? Please advice.

Thanks,
Raj
 
rajbalu1 said:
Hello Gurus,

I have a situation. Can you please help me?

My friend and I started a consulting company 3 years ago and we now have about 30 employees. Since my friend was a GC and I was on H1, he was the sole owner on paper. After my wife and I got EAD(3 months ago), I added her as the second owner of the company. My name does not appear anywhere in the company papers.

I am still on H1 and am planning to file AC21 in the company that my friend and wife own. Will there be any problems?
-----------no problem if the company can pay you. If USCIS asks ability to pay company need to provide it.

* better join that company on H1 and then invoke AC21 with 2-3 recent pay stub copy so that USCIS dont ask ability to pay
Please advice.

Thanks,
Raj
Click to expand...
 
Thanks Ginnu.

Yes, the company can definitely pay me the proferred wage and even a little more than that if required.

Do I still need to file H1?
 
rajbalu1 said:
Thanks Ginnu.


Yes, the company can definitely pay me the proferred wage and even a little more than that if required.

Do I still need to file H1?

I must also add that my 140 was approved 6 months ago.
Click to expand...
 
rajbalu1 said:
Thanks Ginnu.

Yes, the company can definitely pay me the proferred wage and even a little more than that if required.

Do I still need to file H1?
Click to expand...
--------- H1 status is good back up.

you did not post when I-485 was filed and if I-140 is approved. if I-140 approved and I-485 pending more than 180 days then you are safe to use AC21 but I will still maintain H1 status as back up
 
Thanks Ginnu.

My current H1 which is the 7th year extension is valid till August 2006. Now let us say after I file AC21 this month(without filing H1 from the new company), my employer revokes my 140 and god forbid my GC gets messed up.

Let us say all this happens around January 2006, At this point if and when my 485 is cancelled, can I file a H1 with the new company? In other words after having worked on EAD , can I file a new H1 and start using the H1?
 
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