Business in EAD

[sarielavarthii]

Hello,

My brother has a company in MI. As I am in EAD and I am not working currently, I am thinking of two options and would like to know which one is best legally and for tax purposes.

I also want to let you know that though I am not a partner in brothers company, the money that I could earn individually is same as earning money through for brothers business(as it is kind of family business).

My two options are:

1.) My brother is planning to buy clothes and Fashion Accessories like Anklets, Toe Rings and so on from India. Since I am in PA, he could start a branch in PA and employ me to work in the retail store (which he plans to start in PA) where he could sell the products that I mentioned above.

2.) The other option is I could buy the products in my name from India and sell the products in retail using my name. (In this case, I am not associated with any company or planning to start a new company)

Please let me know which option is more beneficial considering legally as my status in EAD and based on Tax Purposes.

Thanks
-Sari

 

[jack23]

Sari,

I'm in the same boat as I've been helping with my sister's company for some time now, while working for my employer (who started my GC process) at the same time.

You have to keep one thing in mind, when USCIS picks up your 485 application and asks you for your current employment status, you'll need to show them satisfactorily that your job title and the description of your work is the same as whats on the labor cert.

As long as you can prove that and invoke AC21, you can, on the side, be flipping burgers at McDonald's or wooing Hollywood divas with your Fashion Accessories in a luxury 5 star resort.

Not trying to give you any wrong ideas here but your brother's company can offer you the same job that's on your labor cert and hire you. What you actually do in that company is another thing, as long as USCIS is happy.

I had thought it might be a problem to work for a company owned by a brother/sister and but it was made clear that it doesn't really matter who owns the company.

Only problem is when you own a company and employ yourself in a position same as your labor cert. But even this, I've read, can be ok but needs extra paperwork to show to CIS.

Hope this helps. Others, please chip in with your comments.