Spouse forming a corpn. on EAD?

A

abc94536

Registered Users (C)
Hi,

First of all let me thank everybody here in this forum (esp. Joe) for sharing such a valuable knowledge.

I am on H1 and my wife is on H4. We filed 140 /485 concurrently and my 140 got approved recently. While we are waiting for our EADs & will form the corporation only after we have recd. it, here are few queries in our mind -

1. As we are thinking of forming a LLC. Can it be -

a. in both our names and I be a passive investor.
b. in my name and I be a passive investor.
c. in my wife's name and I be the passive investor.
d. in both our names and I be active investor (without losing my H1 status)
e. in my name and I be active investor (without losing my H1 status)
f. in my wifes' name and I be active investor (without losing my H1 status)

2. Now if I am the passive investor, as I understand I cannot even write a check. So is it possible for me to continue on my H1 status and still help my wife in her business - if I am not violating any employer's contract and taking any salary. I mean partime working based on EAD without termintaing the H1.

3. If my wife forms the LLC can she also work as an employee for it. If yes, are there any additional employee taxes etc. involved - considering she is the sole employee.

4. If I form the corporation (as a passive or active investor), can my wife work as an employee based on EAD. Again if yes, are there any additional employee taxes etc. involved - considering she is the sole employee.

5. Can somebody compare the general advantages /disadvantages between - forming a corp in DE + state permit to do the biz in CA Vs. forming a corp. and doing biz in CA. The comparision could be based on overall cost, legalities etc.

I know, I can get few of these info. from various incorporation sites - But friends, besides general info I am also looking for some practical inputs - which I can only get in this forum (any other forum, pls. suggest???).

Any other inputs /suggestion etc. would be a big help!

Thanks a ton in advance !!!
 
JoeF said:
As soon as you are actively involved in the company that would mean that you are using your EAD, and wouldn't be on H1 anymore.
As soon as you use the EAD, you are no longer on H1. It is either EAD or H1. Both at the same time is not possible.
Even if she is the sole employee, there are employee taxes. A CPA will know the details.
See above. It does not matter how many employees a company has.
You are asking something like "please compare a truck with a car." This all depends on the individual circumstances, kind of business, goals, etc.You would have to talk with a business lawyer about these things.
Click to expand...

Thanks for your reply, Joe.

Can you pls. suggest few links where in I can go through the rules.
 
Question for JoeF or if anybody else can help...??

Hi,

Me and my wife got the EAD and she has applied for her SSN, which will take another 5-6 weeks (I already have one from my H1 visa).

Now - as I do not want to loose my H1 status and as my wife still hasn't got her SSN (without which she can't form the corporation :mad: ) -> Can I form a corporation and just be a passive investor while my wife can become the president /employee - she will take care of everything in the business & will work through corp to corp?
is it possible to do sth like this so that I do not lose my H1b status?

If there is any other suggestion or way out - pls. let me know.

Thanks in advance.
 
Last edited by a moderator:
Once again, Joe thanks for sharing the insight and valuable knowledge !


Let me re-confirm - to make sure I understood correctly:

A) Can she form a company simply on EAD (without SSN)?

B) There is nothing bad in waiting for her SSN - its just that she is getting an opportunity right now and can't wait for 5-6 weeks (it will take 5-6 weeks per SSN office)?

C)
(i) Is there anything we should keep in mind while going for corp to corp - as I do not intend to lose my H1 status (just be the passive investor)

(ii) If I form the company and become passive investor - can she be the president /employee and can take the paycheck after receiving the SSN while working as corp to corp?

Thank you !
 
My wife is on EAD and she plans to start a company. Can I work through this company on EAD? Or do I need to work in any outside company till I get GC?

I am the primary 485 applicant.

Thanks!
 
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