Attn: Jim Mills - Can I form a \'S Corporation\' on EAD? I am not the primary I-485 applicant.

V

vidongre

Registered Users (C)
Jim Mills (or anyone who has any information about this question), I would like to know if I can form a \'S Corporation\' (1099) if I have EAD. I am not the primary applicant in the green card process. If it depends on the state laws, I am in IL.

Really appreciate your response! Thanks.
 
I would like to get an opinion from Jim as well

Planning to start a C-Corp and I\'m on EAD, 180 days from RD over. One of the things I learnt was, its not safe to start a company even if you are not the principal, if less than 180 days. Also I know state doesn\'t matter since you can always have \'Registered Agent\' working for you. Anyway would like to confirm my views with Jim

Thanks
Krishnan
 
If you have EAD and you are NOT the principal applicant

I don\'t see any reason why you could not start a company and work. Primarys may have major difficulties with this but I see no reason why you couldn\'t do it. Before you actually do this though I would suggest that you speak with an attorney in a formal consultation since I have not done enough (any) research regarding this.

My answer would be much different for a primary.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
info that may help you

I am on H1 since 4 years ....filed 485 a few months ago..

since 3 yrs i own and operate a C corp and have 10 h1 employees on my corp and i also have a cuncurrent H1 on my corp for part time work.
Funny thing is.... my corp has filed and got GC approved for 2 of my consultants while my own GC is still in process,that is Since my GC is being processed by a different employer where i work.

If you have enterprenoral skills you should do it ....if you have any doubts start a C corp and keep a freind with GC as a Partner temporaoryly and later change it.

Remember a business oppertunity does not come everyday so ..when you have a oppertunity "JUST DO IT "
 
Thanks all for your input and as suggested by Jim Mills, I would consider talking to a lawyer...

Because one of the conditions for forming S-Corp mentions that all the share-holders must be US Citizens or US Residents... It\'s not very clear whether they mean \'permanent residents\' or not... and where EAD stands in terms of residency status.

Also alljunks, I did not see any such condition for C-Corp. But it might be better to find out from a lawyer. C-Corp and S-Corp definitely has different rules and tax implications.

Thanks again for your help!
 
vidongre and JIM

can you tell me the website where you found those information.
Also JIM,
   I\'m the PRINCIPAL. You had said for principal it might be a problem, what kind of problem do you foresee. Can you please elaborate

Thanks for your help

Krishnan
 
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