I-485 starting a business

meister

New Member
My I-485 has been pending since June 2005. My wife is part of the same application, based on my employment. We both have EAD's and Authorization for Parole's that we update annually. My wife wants to set up a web-based business. We are considering setting up an LLC with both of us as members (owners 50%/50%) and just my wife as the Manager (a formal term for the person who is legally able to sign contracts on behalf of the company). I will have no involvement in the day-to-day running of the business and will not be drawing any salary, however, technically I will be earning a return on my investment if the project succeeds. As it will be an LLC, the business will not pay taxes, rather we will both be taxed on individual income based on the net profit at the end of the tax year. Could you inform me 1) whether my wife is okay to work for the company, 2) whether we are both okay to be owners of the business, 3) the likely consequences of these actions. :confused:
 
Once you recieved your EADs, you and your wife became free to do whatever you wished for employment, business, etc.

All that you are required to do is maintain your relationship with your sponsor (be it your original one, or subsequent thru AC21).

You can moonlight, take sabbatical, start a business.

None of these things will impact your gc process.

That said, if you are trying to set up a company in such a way that it looks like you are only working for your sponsor, don't waste your time, you an earn money any way you want with EAD: that is the BIG advantgae of pending I-485 status. You and your wife can set up your business in the same structure (owner/employee/income, etc) any other american couple would.
 
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