EAD Business

J

Jeetu_recruiter

Registered Users (C)
Plan to start business in my wife's name who is on EAD. I plan to change companies using AC21 but be on H1B and run my payroll through another company. I have EAD also. I will work for my wife's company but my payroll will be done by an IT consulting company & be listed with them as a full time employee. Will this arrangement be legal or would it cause any issues with GC approval.
 
My client in this case my wife's company would be paying my H1B company and in turn they would be paying me. So although I would be working for my wife's company I would not be drawing a salary from her company. My salary would come from my H1B holding company
 
this is like legal as long as none knows, don't worry carry on

Jeetu_recruiter said:
My client in this case my wife's company would be paying my H1B company and in turn they would be paying me. So although I would be working for my wife's company I would not be drawing a salary from her company. My salary would come from my H1B holding company
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JoeF,
Blackmail yes,
It could be a compulsion for him for some reason, rather than a choice,

besides that AC21 allows self employment on EAD too and he is legal to work for his own company and doesnot need a spouse's company.

there is no way CIS can find this out.

that way many people who get sub labor are paying these companies one way or the other, which is illegal too..
JoeF said:
WorryFor GC:
You are completely wrong.
An illegal scheme doesn't become legal if the person hopes nobody knows about it. There are lots of people who know about it, from his wife, to the other company. And all of them could blackmail him.
So, it is a very bad idea to try such kind of schemes.
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the only reason why we would do this is because my client would pay for my IT consulting work to my wife/wife's company(her client) and not to my H1B holding company. Job duties will be exactly the same as I have now with my gc sponsoring employer, salary will be little more.
 
good to go..

Jeetu_recruiter said:
the only reason why we would do this is because my client would pay for my IT consulting work to my wife/wife's company(her client) and not to my H1B holding company. Job duties will be exactly the same as I have now with my gc sponsoring employer, salary will be little more.
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Jeetu_recruiter said:
the only reason why we would do this is because my client would pay for my IT consulting work to my wife/wife's company(her client) and not to my H1B holding company. Job duties will be exactly the same as I have now with my gc sponsoring employer, salary will be little more.
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Sounds doable. Just a question.. why are you not using your EAD? I thought that if you use AC21, you should be on EAD with the new company? Anyway, what difference does it make?

I might be planning for something similar (spouse running the co) but would be using EAD..

Share your comments..
radd
 
JoeF said:
No, it sounds not doable. Sorry to burst your bubble, but doing this would put the GC process in danger. If you wish to not get a GC, go right ahead...
AC21 requires that the new job is the same or similar to the old one. If running a company was not the previous job description, it can't be the new one. This is completely independent of H1 or EAD.
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As I mentioned earlier, my spouse will run the company. I will not. My job is going to be the same. So I don't understand why I cannot work for a consulting co who will sub-contract to my spouse's co?
 
I am aware of some folks doing the same, not a big deal

radd said:
As I mentioned earlier, my spouse will run the company. I will not. My job is going to be the same. So I don't understand why I cannot work for a consulting co who will sub-contract to my spouse's co?
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JoeF said:
And why did you then say "I might be planning for something similar"? If your wife is running the company, she is the one who should be planning this...

Sure you can. But, is your wife really running the company, or would she just be a front? Would she fire you if you don't perform well, for example? Would you be talking about the business over dinner?
Stuff like that is why CIS is very sceptical about these husband-and-wife constructs. It is just too easy to get involved.
Now, with an EAD, that's of course not a problem, since you can work anywhere and in any position with an EAD. In addition, you need to work in a job that's the same or similar to your original job.
The OP, though, and that's where my comment was targeted at, wants to stay on H1. That's the main problem.
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When I said 'I am planning for something similar' is that I am considering to work for a consulting co who is going to be sub contracted by my spouse's XYZ co. I will not be an employee of my spouse...

My dealings are only with the consulting co with whom I will be working with, ABC co. And ABC co's dealings would be with XYZ co. As a matter of fact, XYZ will not be linked with me at all. So why is CIS bothered whether she conducts her business over dinner or lunch????

She is capable of running her own co.. I am not worried about that and need not interfere. She will hire and fire as she sees fit. If she has a question regarding XYZ, she would post her own questions or seek her own help...

I was concerned about the difference between being on H1 and using EAD after using AC21...

radd
 
JoeF said:
If the people conducting business are authorized to do business, fine. Note that I was discussing this in the context of the H1. If one of the people conducting business over dinner is not authorized to do that, CIS cares...

Either one is possible. The new job still has to be the same or similar to the original one. The main difference between using the H1 or the EAD is that with the EAD, you can, in addition to doing the same or similar job, do other jobs, like discussing business matters over dinner...
And companies often prefer that people use an EAD, because that way, they don't have to pay all the H1 fees... (and the H1 rules against benching also don't apply...)
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Thanks JoeF
 
anyway i would not have the time and resources to run the business as I would be travelling to multiple client sites so it would be my wife who would be doing the work of running the business which should be pretty simple for her as this is the only contract that her business would be having. The reason why we have to do this is bcos the client will pay my wife's company and not my AC21 employer.
 
penny still worth for a long term goal of having one's own business

JoeF said:
A cost-benefit analysis should always precede the implementation of any business endeavor...
That's just good business sense.
Unfortunately, a lot of inexperienced people forget that, and end up earning pennies for each dollar spent...
Been there, done that (unfortunately...)
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self-employment pending I-485......

Gurus and experts,(JoeF, WorryForGC and others)

I have few questions about self-employment pending I-485 and I am using my EAD. I have my own LLC.

Based on William R.Yates AC21 Memo dated May 12, 2005.(see below)
Can I work as 1099, OR work through my own LLC as W2???? (same or similar occupational classification as of I-140)

Question 8. Can an alien port to self-employment under INA § 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

My case details:

Original LC- non concurrent
EB3/India/Labor Priority Date:Nov-1999
I-140 Approval Date : Jun-2000
I-485 Notice Date : Oct-2004
EAD1 Approval Date: Dec-2004
AP1 Approval Date: Dec-2004
Finger Print-code3 done at Newark NJ: 3/25/2005

RFE Date: 5/3/2005
RFE for:
1) I-94 (proof that you legally enter US)
2) Employer’s letter from the company who filed I-140 (employer interest in hiring, remuneration & job desc).

REF Reply Date: 06/15/2005

RFE reply
1. I sent I-94. (copy)
2.As such I was working of different company, I got the letter from them and I filed AC21.

Case Transfer to Newark on : 07/11/2005
I took InfoPass Appointment on: 08/11/2005 to verify the receipt of file at Newark, NJ. According to the officer my case transferred to Cherry Hill, NJ.(close to my home address)

EAD2 Approval Date: 10/04/2005
AP2 Approval Date: 10/04/2005

Interview Date at Cherry Hill: 10/19/2005 (already over)

Officer told us our case is pending with name check, and he wanted Birth Certificate for my spouse instead of Affidavits.

We have submitted my spouse’s original birth Certificate got from India, on Jan 10, 2006. No decision on our I-485 case.

So many people waiting for FBI name check for long period of time. I really do not know how long it is going to take to clear the name check.

I am planning for a trip to India for a week at this point of time.

Please feel free to give you valuable advice that Can I work as 1099, OR work through my own LLC as W2???? (same or similar occupational classification as of I-140)

Thanks
mka
 
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