so can I start my own business on EAD or not ? (only for Gurus))

R

robi

Registered Users (C)
I am asking this again because there are different opinions even among the lawyers. Below is the answer for this question on another chat/forum site by layer. Unfortunatelly my layer said the oposite, that I can't. thanks
.........................................................
Question #7: After applying for I-485, when can I start my own business? Does it have to be in similar occupation as the original job?

Carl Shusterman: The 180-day portability rule applies to persons who work for their own businesses as well as to those who work for others. However, the requirements remain the same. At the time that the I-485 is submitted, it must be your intent to work for the petitioning employer indefinitely. If INS fails to decide your application within 180 days after filing, you will not be penalized if you have changed jobs and employers as long as the new job is in the same or a similar occupational classification. This is true whether the change of jobs/employers occurs before or after the 180 day limitation.
.......................................................
 
Your lawyer is absolutely right, here's the important point for the 180 day portability rule, pay attention to the difference:

1. If your current employer (who has filed for your 485) lays you off or fires you then you can use the portability to get another jon in the "SIMILAR" category to keep your 485 valid.

2. You cannot leave the employer at your OWN will to use the portability. This will amount to going against the whole intent for which the 485 was filed that is to work for your current employer indefinetly. This limitation continues till 6 months after you get your GC, after which you are a free bird.
 
by the way, if your lawyer is paid by your employer then iscussing these issues with him may be a serious folly on your part.
 
Thanks a lot, fortunatelly my president of my employer is my friend, and let's say I ask him to lay me off, I have still the same question, can I start my own company doing the same or have to seek another employer ?
thanks
 
you can start your own company or work at mcdonalds, INS doesnt care, but in addition to that you need a full time job which matches the job description in your labor application. This is a requirment
 
So I need an employer, my own company is not treated like full time job even I do the same kind of work. I understand, thank you.
 
The problem I see is (at least) one of similarity. If you start your own company, you are running it. Correct? You therefore have senior managerial duties that you probably did not have as the original job was described in the approved LC and I-140. How do you think that it is even possible for INS to consider the two positions "similar"?
 
I just thought, that having EAD and passing 180 days since receipt of I-485 I don't have limitation in choosing my next job.
Since doing my business I'll be doing exactly the same (IT consulting) and because the company would be one person only
I figured that this is allowed. On my EAD I don't see any limitation,
and on INS site any word about: " yod cannot run your company".
And what about working still for my sponsoring company but through my own comnpany ? what is wrong with that?
Are you guys sure about these stuff? Thanks for comments.
 
gonna do the same thing...

robi,

I am also going to do the same thing, namely open up my own (50% of it is going to be mine) export company in a few weeks and occupy the exact same position (intl. sales & marketing) in that one employee firm once I have my EAD. I will stick out as much as I can at my existing job, hopefully it will be still up for the 180 days at least.

I have talked about this to my lawyer and he said the same as the guys above. Theoretically, there should not be any problem, but as we know the law here is based on precedence... we will have to wait to be sure.

He also said I will not need to extend my H1B (I have it for some 2.5 years now) ot get the another 3 years. He said I will be able to travel on the AP and work on the EAD. Still I think I will extend it anyways and ask for another H1 as well for the new position just to be on the safe side.


gurus,

I also have a few questions:
My brother in law is gong to be the other owner in the company. He does not want to immigrate but since he only has a B visa I am constantly afraid that once they will simply deny his entry. Last time INS almost denied his entry at Miami Intl. just because they have been here visiting us 2 weeks before. After like 2 hours interrogation they finally gave him a 30 day I94 which was alright and even more we needed. He left much before that.

The thing is he has been here many many times before, he has always left on time, he has a very well running business at home and in general he is a rich guy even by American terms. So I can't get why they gave him hard time.

So my question is: Is there another visa which he could get, that would cause him less trouble on the border? Can he get something like an E visa once he owns 50% of the shares of a US incorporated company? Ohhh btw we are Hungarians and I have checked and our country does not have a treaty with the US.

Thanks for the help!
 
So you mean, you gonna take chances and work on your own full time?
What in case interview and paystabs ? What will you give them?
Your lawyer is also not sure I see :rolleyes:

I don't think you can extend H1B while applying for adjustment of status.
 
Originally posted by robi
So you mean, you gonna take chances and work on your own full time?
What in case interview and paystabs ? What will you give them?
Your lawyer is also not sure I see :rolleyes:

I don't think you can extend H1B while applying for adjustment of status.
Click to expand...

You can extend the H visa while your apply for I485... the two totally unrelated in this respect.

The lawyer is sure as much he can be. But no one is sure about the 180 rule.

I will work full time for my company ONLY in case the sponsoring company goes down after 180 days. I said I will try to stick to the job as long as possible, the ideal would be 12 months after the stamp but I do not see any chances for the company to survive that long. I am very lucky if it will be able to make the 180. Since the owner is my best friend, I can stay until the very last moment but when everything falls than...

In case the sponsoring co wont even make it to 180 days, than I will just try to work full time for my own company, and apply for another H1B. That is, if I will get an H1B for that company as it will be a brand new one. I should be able to attach reasonable revenue to the operation relatively fast, within a few months but I am not sure if that is good enough. If not, than I am out of back up plans... well time to go home... I guess...

The other thing is that I am not going to get a GC through my own company, but that will be the next problem to solve. I don't have any better plans for now.

Well I sure wont miss to send in the lotto again this year LOL.
 
I've already setup my company, but didin't start actual work for it
since I am waiting in my sponsoring company to pass that 180 days since receipt note (1.5 month left). Now I a little hasitate
after I read opinions above Gurus, and listening to different statement from lawyers. I understand though that we can work parttime in our own company, but fulltime is very risky...
Do you think if my sytuation is better because my company will not fire me, I'll be still employee, but on the banch.

Why law in this country is so blure?

anyway, good luck to you
 
I think you are going to be fine

if you stick as long as long you can to your sponsor, while working part-time for your own... I mean if you are a real good friend to the owner I am sure you can... you know... play it out since your sponsor is a healthy business, I would simply stick it out at least on paper and do my thing on the side... I am sure you have also invested many years of your life into this immigration so why take chances?

Yeah common law is different... some of it really doesn't make sense to those who are used to civil law like me. But it works...

Good luck to you too...
 
You must log in or register to reply here.
Top