EAD - Spouse Self Employment

K

king Julian

New Member
Hi,
I am having EAD and H1B. Labor applied in Jan 2006 and 485 applied in Mar 2006. I got my first EAD in 2007 and renewed for 2 years in 2008. I am on EB3. My medical exam and finger prints over. I am waiting for GC.

My spouse and kids are having H4 and EAD. I want to apply for Ac21 so that i will become independent. My spouse wants to start a consulting business. Following are my questions:

1) Can she start a business as LLC. If not, which type is advantageous?
2) If i get a project thru my spouse business, can my spouse business run my W2?
3) What happens to my status if i dont get a project for some time?
4) Can i become partner in my spouse firm?
5) Can i keep on renewing our EADs till we get GC? Is there any limit like only n number of times an EAD can be renewed?

Thanks in advance for the reply. :)

BR
King
 
Your wife can use her EAD to run the company with no problem, as she is not the primary GC applicant. And you can use your EAD to work for the company as a secondary job (as W2 or 1099), without a problem as far as your GC is concerned (but you would lose H1B status).

But to turn a new self-owned or spouse-owned company into your primary job for AC21 purposes is very risky. They will murder you with RFE's for you to prove that it is a viable company with a business plan and sufficient revenue and/or capital funding. If you're going to go that route, your chances are much improved if you join the company after it has been doing business for a couple of years so it has a provable revenue stream.

You can renew the EAD forever, as long as you are alive and the I-485 is still pending.
 
Last edited by a moderator:
Jack O'lantern
Thanks a lot for replying.
I am a software consultant. now i am on a project with a client in NJ. Now I want to apply for AC21. I know, i will loose my H1B status. After completing my current project, if i dont get a new project for few months, what will happen to my status?

If my spouse business locates a job for me from a different client, can i join my spouse firm as employee to work on a project at client place?

Thanks a lot for giving me the confidence.

Regards
King
 
king Julian said:
Jack O'lantern
Thanks a lot for replying.
I am a software consultant. now i am on a project with a client in NJ. Now I want to apply for AC21. I know, i will loose my H1B status. After completing my current project, if i dont get a new project for few months, what will happen to my status?

If my spouse business locates a job for me from a different client, can i join my spouse firm as employee to work on a project at client place?

Thanks a lot for giving me the confidence.

Regards
King
Click to expand...

What are you trying to do? If you lost your H and you have pending I485, you are fine and your stay is legal. You can join a new job in similar or same field. You can even start your own business with YOUR EAD in the same field. Just keep in mind that your wife is a dependent and any harm (denial) happen to your I485 will invalidate every thing including her EAD. It is better to find a job in well established firm not just to create a firm with no financial base in the purpose of keeping your application active.
 
king Julian said:
Jack O'lantern
Thanks a lot for replying.
I am a software consultant. now i am on a project with a client in NJ.
Now I want to apply for AC21.
------------------if you are eligible for AC21 then get a job with good employer (who can show ability to pay if asked by USCIS). you job with new employer should be with same/similar job duties and employer should be ready to give you job offer letter to invoke AC21 with same/similar job duties.
I know, i will loose my H1B status. After completing my current project, if i dont get a new project for few months, what will happen to my status?
-------------------- you will be having AOS pending status. can work on EAD.
If my spouse business locates a job for me from a different client, can i join my spouse firm as employee to work on a project at client place?
-------------------------------better to join good employer who has ability to pay and can provide documents if USCIS sends RFE or NIOD.

Thanks a lot for giving me the confidence.

Regards
King
Click to expand...
-------------------
 
king Julian said:
JAfter completing my current project, if i dont get a new project for few months, what will happen to my status?
Click to expand...
If you're not being paid between projects, you'll lose your H1B status. But as long as your I-485 remains pending and your sponsoring employer still has the job offer available to you, you are still in the US legally and your green card process will continue.
If my spouse business locates a job for me from a different client, can i join my spouse firm as employee to work on a project at client place?

Thanks a lot for giving me the confidence.
Click to expand...
What confidence? I am warning you against changing to self-employment or working for a new spouse-owned company. That is a high risk move if it is going to be used as your primary job for AC21 purposes. USCIS knows that such scenarios have a high rate of fraud or questionable viability, so they will scrutinize you with extra suspicion.

But if you're going to keep the original sponsor's job or job offer while you work in your own company or spouse's company as a secondary job with your EAD, that is OK and you don't need to inform USCIS or invoke AC21 to do that.
 
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