I get lay off after 60 days of filing I-485. I and my wife have received the EAD’s. We want to do our own business. Can my wife open a business and I become an employee to her under my same title as applied to INS in order to maintain my continuity of my green card? Please advice.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EAD / Business
- Thread starter Joyman
- Start date
Generally it is not a good idea.
If you look at it from a third person perspective, it gives the impression that the job/title was created specifically to support your AOS process.
Even if USCIS does not question the intent of that job/title's creation, I think it would be difficult to convince CIS that a new business set up by your spouse has the ability to pay your wages.
But hey... I have read about cases on this forum where people worked for themselves after getting their EAD and they were fine thru the process.
They basically became independent contractors doing the same thing they did before; and they could earn enough money to be equal to or more than what was listed on the wage determination used in the labor certificate.
If you look at it from a third person perspective, it gives the impression that the job/title was created specifically to support your AOS process.
Even if USCIS does not question the intent of that job/title's creation, I think it would be difficult to convince CIS that a new business set up by your spouse has the ability to pay your wages.
But hey... I have read about cases on this forum where people worked for themselves after getting their EAD and they were fine thru the process.
They basically became independent contractors doing the same thing they did before; and they could earn enough money to be equal to or more than what was listed on the wage determination used in the labor certificate.
If your wife is the primary there shouldn't be any problems; otherwise you may want to consult your attorney, as the law is not very clear and different people have different opinions on using EAD to start a business. The first priority is to keep your AOS going if you are the primary, since it isn't 180 days yet
An EAD holder can start a business, regardless of who is the primary. But a primary applicant must consider the complications involving H1 status and AOS, in case something goes wrong. So in a sense, it may be even better for the beneficiary with EAD to start the business.
Recruiting others is a different issue, maybe more of an IRS issue than USCIS, especially if one intends to hire H1B workers. If this is the case, consulting a CPA plus an attorney is highly recommended.
Recruiting others is a different issue, maybe more of an IRS issue than USCIS, especially if one intends to hire H1B workers. If this is the case, consulting a CPA plus an attorney is highly recommended.