Forming an LLC on EAD AND H1B(renewal)

S

sfducati

New Member
(First of apologizes if this question has been asked before-I did go back 10 pages but found nothing similar)
Here is my situation:
485 applied in Aug 2007
EAD approved in Nov 2007
H1b has expired in Feb ,2008 but the renewal papers were sent 2nd week of Jan, 2008-haven't heard back from USCIS yet.


My question is can I form an LLC with my current status?

Thanks in advance!
 
Sfducati-

The first thing that should be noted is that you cannot be on both EAD and H-1B at the same time - once you use your EAD, your H-1B status is invalidated.

From what you describe (although some relevant facts are missing), it looks like your H-1B extension was properly filed. If you haven't already used your EAD, then, based on the limited facts, your H-1B is probably ok.

Now, your question is whether you can start an LLC. The answer is probably 'yes', you can, but that would mean that you are using your EAD and your H-1B status will be invalidated. I say 'probably' again, because of the limited facts. For example, one relevant question is, Do you expect your I-485 do be approved without problems or there is a chance for RFE?

Hopefully this is helpful and good luck-
 
Thanks for your reply, laborvisalaw!
1. Yes, my H1b was filed properly and no, have not used my EAD.
2. As far as this question is concerned "Do you expect your I-485 do be approved without problems or there is a chance for RFE?"
-I would say, I don't expect any problems or RFE. I work for a big company-they have competent lawyers and I have a MS from US(already provided them transcripts for RFE on 140) so I expect it to be hassle free, fingers crossed ;)
 
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