Joining a company as a partner

M

marcos_rs

Registered Users (C)
Hi immigration Gurus,

I know I should ask a good immigration lawyer about this (and I probably will), but I would like to know if any of you have some experience like this.

My I485’s RD is on 10/2001, and I have no idea when I’ll see approval in my case. At the same time, I can’t put my whole life on hold. So, my situation is this:

Like many of you, I’m in IT and work as a contractor to some client. Well, the chief architect here is also a contractor, and he invited me to join his new company, as a partner. I believe I can open a company with my EAD card (I’m already working with the EAD, but always to the same employer in USA - since early 1999).

My question is this: Can I join the company as a partner and work for it, and still keep my current GC process? Is this a case where the AC21 would apply? If not, should I join his company as a regular employee and make my wife the partner, and after the I485 is approved, I can replace my wife as the partner? My wife also has her EAD card, but she never used it.

What do you think? Thank you for any ideas.
 
I guess it is good to make your wife as partner and join ur self as a employee(but your roles will beparnter roles) Since your share,
you can employement letter as you like

if you have any openings in architecht or ETL tools please let me know i am looking for one

good luck
 
There may be a problem (very rare though) if you have your wife as partner. This will be equivalent to you being as a partner. This BCIS will only know when they issue an RFE and ask for other info about the company - which is very rare though.
 
If you get a RFE you may get into some problems. Your job definition by defined as XXXX but now you are a partner along with that your salary structure may be different. In fact as Partner you may not earn a salary but a share of the profits.
Making your wife the partner is the safest thing, she is not answerable to BCIS on the kind of work she is doing. She can work anywhere and do anything BCIS cannot enforce anything. You as the primary applicant need to be carefull.
Though I do have doubts about opening a company on a EAD , I always thought you need a Green card for that.
Also before you do anything you have past the 180 days after 485 filing right ??

Regards
 
Hi marcos_rs,

If you consult the immigration lawyer, can you please let me know the details.

Hi canus_immi,

If you are looking for a job in ETL email your resume to me, we have some openings.
 
Very good points guys.
Specially the idea that I would still be considered a owner of the company if my wife is a partner. I’m not so sure about this situation.
The fact that I won’t have a regular salary may also be a problem.
Maybe I should join the company as a regular employee, and have a private contract that states the other partners have to sell me some shares for $0.01 sometime in the future.
I definitely need a lawyer here…
Prasuker, I’m approaching the 700 days already, I’m more than ready for AC21 :)

Thank you all.
 
marcos_rs,
Four years back I opened a IT company on my wife name (I closed it long back). That time I consulted a immigration lawyer. He suggested to open it on my wife name, so that company can do gc process for me.

I would recommend to put it on wifes name. New company will continue gc process as long as you are not a partner.

Hope this helps. Best of luck on your new adventure.
 
Remember also..

You can't be your own employer for GC purpose.
Financial soundness of a company may be important in case of an rare, but very possible, RFE.
 
I agree with omGV and manumahi.
If you are the owner or partner of the company, then I believe that you are not joining in the same or similar occupation.
So, I doubt that AC 21 can apply in that situation.

-rajum
 
manumahi

manumahi: I don't know why the lawyer advised to open a co. in your wife's name, but ideally a family run business ca not apply for a GC. It may work, but if found th troubles start. Better safe than sorry!

Suggestion is to continue working at the current location or to join a co. as an employee.
 
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