An interesting question...

B

BlueSapphire

Registered Users (C)
An interesting question.

This might sound stupid but I am just wondering if this is legally possible?

1. While on H1 or EAD, can we register our own company in US? And can we transfer our 485 (after 6 months of application) to that "our own" company after 140 is approved while 'our own" company is a one man company?

2. OR can we transfer our 485 to someone else's company which is again a one man company.

The reason why I am curious about this is that one of my friends has his green card and has registered his own company. He does his consultancy job from his own company (through a middle man though). I was wondering if I can change my employer after my 140 is approved to my friend's company, in which case my 485 should be processed while I am in this one man (or two men) company. Is this legally possible?

I appreciate very much any answer / opinion to this.

Thanks
 
BlueSapphire

See Inline......

1. While on H1 or EAD, can we register our own company in US?
Yes

And can we transfer our 485 (after 6 months of application) to that "our own" company after 140 is approved while 'our own" company is a one man company?

No

2. OR can we transfer our 485 to someone else's company which is again a one man company.

Yes
 
No....

You can't be part/full owner and employment based immigration petition beneficiary from the same company at the same time.

Check following paragraph taken from http://www.usvisanews.com/faq-business.html#business-a


**********************************************
Final thought to our entrepreneurial friends: If you have a real dream of starting your own business and dabbling on the side, by all means do so passively, without "working"...you are in a nation which enshrines entrepreneurial activity! However, don't think of your new company as a "way out" from an immigration standpoint. Even when the company is large enough to possibly support you as an H-1B, bear in mind that no labor certification can ever be filed when you or anyone you are related to is a shareholder in the company filing the petition. At best, it can serve as an H vehicle for you. Consistently, over the years, we have seen that those who initiate entrepreneurial activity and follow the letter of the law, as my hypothetical Kareem did, are the ones who find themselves in not only the most profitable situation, but one that brings with it the peace of mind of knowing that no immigration laws have been violated.

**********************************************
 
usnycus,

This paragraph states one cannot file self labor certification petition.

The scenario in discussion is different, I-140 is already approved and I-485 pending for more than 180 days.. Intent is to use AC-21.. different scenario...

I still think, Yes its possible but risky.


My 2 cents...
 
vxmehra98

11/28/2003: AC 21 Change of Employer and Narrow Definition of New "Employer"

Under the AC 21, the I-485 applicant is permitted to take a new "employment" of similar or same occupation classification after 180 days of filing of I-485. What is the definition and scope of "employment?" Recently, USCIS HQ opined that "self-employment" is not considered within the parameter of the terms "employment" in the AC 21. This interpretation opens a host of related questions such as what happens if the new employer is a corporation where the I-485 applicant holds controlling shares or 100% of shares?

Source: http://www.immigration-law.com/
 
You must log in or register to reply here.
Top