H4 Visa and e business

G

Gitika

New Member
Hi

I am on H4 Visa since the past 2 yrs and my husband is on H1B visa. He has EAD too but has not used it to prevent the expiry of my h4 status.

I got a proposition from my sister who has a small pvt limited company in india and she wants me to be a vendor for her traditional artifacts and clothes in USA using ebay .I know that h4 visa people are not eligible but my husband is open to get involved in it "indirectly" .

My ques are 1) that is it legal if the main work and handling of goods is done by me and the financial transactions will be in my husband's account?
2) Do we need to start a company to do small scale online business?

Thanks
Gitika
 
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Why stay with H4 - switch to EAD

Hi,

Not sure why you would choose to remain on H4 if your spouse is eligible for an EAD? It seems to me the best way out is to go on EAD yourself. You can then work at any job. Not to mention allowing you to obtain an SSN and save yourself bother at the DMV, for example.

If your concern is travel outside the US, you can continue doing so as long as you keep getting an H4 visa stamped in your passport, or else by obtaining an Advance Parole document.

On your specific questions:
1) I believe it is not legal to have the financial transactions in your husband's account unless he has a separate H1 permitting this. Even if he moves to EAD, technically speaking even after 6 months he can work only at any job related to the one mentioned on the original green card petition. Whereas your own EAD would be unconditional - any job or business is fine.

2) Assuming the EAD is squared away, I believe you do not need to start a company to do small scale online business. You can become an S Corp or sole proprietor and include the income in your individual tax return. But generally speaking, my impression is that incorporating may be a good idea - however you had best speak with a CPA or tax advisor.

I hope this helps. More info. should be available via the FAQs at immigration.com or usvisanews.com .
 
Last edited by a moderator:
My husband had EAD when we got married; we are waiting for dates to be current so he can file my EAD.....
thanx for reply
 
Gitika said:
My husband had EAD when we got married; we are waiting for dates to be current so he can file my EAD.....
thanx for reply
Click to expand...

it seems to me that your I-485 is not filed. EAD is based on pending I-485. your husband has to maintain H1 status and you as H4 status till the PD becomes current and you file dervative I-485 and get EAD.
 
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