Help needed on Starting a company on EAD

A

alljunks

Registered Users (C)
I recently got my EAD and am planning to start a company on my wife\'s name. Planning to use this company to do some moonlighting. Please shed your thoughts of what you think might be problem(s) if any. My thought was since I\'m only floating on my wife\'s name and me being the primary applicant for 485 I thought it shouldn\'t matter.

Any thougts on this is highly appreciated

Thanks
Krishnan
 
I am also thinking about this option.

I guess it may not be problem. But some of my friends cautioned, that INS may look into this when you apply for Citizenship and they may argue your GC\'s primary intent switched to running business instead of staying in the company which sponsored GC. I guess this will matter only if you start working for your planned venture, and if you give a damn about citizenship.

But based on the current market situation it will be tough for any startup unless you keep your expense under control. But I see a good opportunity too with so many companies shutting down. Good luck.

Txflute (Another Krishnan)
 
whats moonlighting? Some business ideas...

I am not sure what u mean by moonlighting.....r u looking for some kind of-shore development? I might help as I have done some research in some business aspects.
 
This is perfectly legal

alljunks:

This is perfectly legal. You can use your EAD to work in your wife\'s company and even draw a salary - as long as you can show the INS (if asked) that you are fulfilling the requirements of your AOS application, you can do anything else you want.

[Isn\'t it amazing how the system gives more priveleges to the spouse of the applicant than the applicant themselves!]

I know of one person who started up a company in their own name while on an H1. He just was not an employee of this company!!!
 
rk777, Moonlighting means...

To work at another job, often at night, in addition to one\'s full-time job.
I think u should be ok. My friends started a company during their H1b visa stage, and applied for green card through it. They got approved.
 
You are OK

You are OK as far as the INS is concerned. However you should certainly check up your company\'s policy on moonlighting. If they donot allow it and find out they could make life difficult for you, even cancel your GC process if they wanted to.
Of course you wife\'s EAD is dependant on your GC application. So your GC is the support for all this. If your GC process is stopped and you are not out of the 180 day boundary, all the above is void.
 
Yogesh

Thanks for the thoughts. That really kicked my thought process. Also my company said it wont be a problem to start a company or even work full time with another company since mine is a consulting co. They are really cool about this and that would be my next question. If I change jobs within 180 days and join another company using my EAD(Ofcourse with my original company\'s approval and they promised to support in this endeavour) will it be ok.

Would appreciate any thoughts on this as well.

JIM and others please respond
 
Think it should be OK.

I have heard, only heard, that One guy did that in my company. I work for consulting co too. This guy quit the company with the company\'s blessings. When it came to getting the GC our company gave him an Employment offer again to take him to the job. And he got the GC. I dont think he joined the company back after getting GC. I am not sure what will be the effect of it on the Citizenship if you even think about it.
 
Better get Over 180

My understanding is that with the EAD, the spnsoring company is your principal employer. If this is not the case you have to switch over to another company on H1 and start GC again. However if you have crossed the 180 day barrier you GC application now becomes portable and you can switch to another job which is similar w/o affecting your GC process.
Hence is is advisable to hold your horses and lie low for 180 days.
It is not worth trying to twist the rules and their interpretation in the long run.
Good Luck,
Yogesh
 
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