I-485 issues due to starting a C-Corp while on H1-B

G

gcWudBeHere

Registered Users (C)
I cleared both labor and I-140 stages of my green card application. I am waiting for visa numbers before I apply for I-485 application (victim of retrogression). Here is my question about the I-485 application.

While on H1-B (in 2004), I started a C-Corp. I am the vice president and the representative of the company (and no other employees). I obtained a FEIN (federal identification number, tax-id, etc) for the company using my SSN. Thus, my name is tied to the company since 2004.

The company does not have a bank account, nor has any sales/revenue so far. Tax returns were filed as “Inactive” for 2004 and 2005. In other words, I did not get paid from the company nor did the company make any money. Neither did I do any work for the company that needs compensation. (All the work is performed as volunteer work)

Given these circumstances, did I violate my H1-B status? Does this scenario pose any problems for my I-1485 application?

I did good research before starting the company back in 2004 and found that a person in H1-B could start a company, but not work for the company and make money from it.

If I did violate the H1-B status how should I go about rectifying it?

Gurus please advice.
 
Thats discouraging, but thanks for info

JoeF,
thanks for the info. As you see from my description, I started the company in 2004 and filed the tax returns for 2 years already. Does that mean I have been working for 2 years and out-of-status for 2 years?

And BTW, how does USCIS know that I have been working for the company if there was no income (nor sales) for the company? And the company being inactive?
 
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