is it a problem to work for my wife's company
- Thread starter zhenliu88
- Start date
Ganesh Ranganathan
Member
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Yes this is a problem. You cannot work for a relative. Especially in your case your wife is your dependant (for visa).
Yes this is a problem. You cannot work for a relative. Especially in your case your wife is your dependant (for visa).
american_desi
Registered Users (C)
Yes You CAN..
It is perfectly legal for your spouse to start a compnany on her own with EAD and employ you (if you have EAD too).
There is no issues with AC-21 is concerned. Bottom line is that either you stick with your current employer or have your spouse start a compnay and work for that. It is suggested that you hire a top class attorney if you are going for second one (Like Ms.Murthy or Mr.Khanna).
Good luck,
American Desi
It is perfectly legal for your spouse to start a compnany on her own with EAD and employ you (if you have EAD too).
There is no issues with AC-21 is concerned. Bottom line is that either you stick with your current employer or have your spouse start a compnay and work for that. It is suggested that you hire a top class attorney if you are going for second one (Like Ms.Murthy or Mr.Khanna).
Good luck,
American Desi
I agree that there is nothing clearly defined in the AC21 about this, but you have to be careful. If you loose job and have no other choice then that is one thing, but if you just leave from the previous job then INS might question your intent. Anyway if you are going for that option, make sure you have a good attorney.
Not a smart move
This is probably legal but not a smart move.
You have the burden of proof for the following to the BICS:
1. Your wife business is viable, secure, and profitable for the foreseeable future. This requirement is the same for any businesses that hire i485/EAD applicants. Being a small business, the burden of proof is abnormous. This is also why people like us, GC applicants, prefer to work for big companies for GC purposes.
2. Your wife's business bypasses the RIR process when she hires you. This will not fare very with the BICS. In order to be compatible with all other applications, the BICS may also require you to prove that your wife cannot find any local to fill the vacancy with similar qualification.
3. Your new job descriptions must match those you have on your i140, with your new salary not much less than your current one.
All in all, this is definitely not a smart move. If your application is denial, your wife's case is automatically denial as well.
Good luck,
Lea
This is probably legal but not a smart move.
You have the burden of proof for the following to the BICS:
1. Your wife business is viable, secure, and profitable for the foreseeable future. This requirement is the same for any businesses that hire i485/EAD applicants. Being a small business, the burden of proof is abnormous. This is also why people like us, GC applicants, prefer to work for big companies for GC purposes.
2. Your wife's business bypasses the RIR process when she hires you. This will not fare very with the BICS. In order to be compatible with all other applications, the BICS may also require you to prove that your wife cannot find any local to fill the vacancy with similar qualification.
3. Your new job descriptions must match those you have on your i140, with your new salary not much less than your current one.
All in all, this is definitely not a smart move. If your application is denial, your wife's case is automatically denial as well.
Good luck,
Lea
ravioli_21_99
Registered Users (C)
Actually, you can work for your wife's company using your EAD, HOWEVER, you must maintain a full time permanent position in a company other than your wife's to continue your greencard. You cannot get your green card working for a company that you or a relative own more than 5% in. This is done to prevent fraud.
I too run a business on the side using my EAD. But I still work full time at my sponsoring employer.
I too run a business on the side using my EAD. But I still work full time at my sponsoring employer.