Starting business on EAD.

I

indyanguy

Registered Users (C)
Both spouse and I applied for I485/I140 concurrently on July 2nd. I am the primary applicant and my spouse the beneficiary.

1. It's less risky to use AC21 after my I140 is approved. Assuming my 140 is approved and I have my EAD, can I use AC21 to move to a company that I have incorporated myself.

2. If no to (1), is it less risky if I have my spouse inc a business and I use AC21 to join this company?

If no to both the questions above, what are some of the alternate suggestions?

Thanks in advance!!
 
To start a business you do not need any EAD. Any one can start a company in US with any visa or even without a visa from your home country just investing and incorporating a foreign company.

If you are going to work for the business and take pay check then only you need EAD or H1 from that company.



indyanguy said:
Both spouse and I applied for I485/I140 concurrently on July 2nd. I am the primary applicant and my spouse the beneficiary.

1. It's less risky to use AC21 after my I140 is approved. Assuming my 140 is approved and I have my EAD, can I use AC21 to move to a company that I have incorporated myself.

2. If no to (1), is it less risky if I have my spouse inc a business and I use AC21 to join this company?

If no to both the questions above, what are some of the alternate suggestions?

Thanks in advance!!
Click to expand...
 
great guru, if ever i decide to incorporate a company here in the US, is it possible to have myself sponsored by that company being the owner? if so, what would be the type of visa? i think investors visa is so expensive,so if you can give me other visas for that matter. thank you so much!
 
You are looking for a loophole. There aren't any.

1. You either invest in an existing business and obtain an investors visa or
2. You start a company, wait till it becomes profitable, go through labor certification and then they can sponsor you.

Either option, you need $$$$$
 
hi aspapi! thank you for your reply.for the 1st option?do i need to invest that large amount that they require to be able to acquire the investors visa? thanks again
 
great guru.. thanks a lot for the response.

Yes, I would like to get paid through this company that either me or my spouse will incorporate. I wanted to know if it would affect my I485 in the future since I won't be working full time for the company that sponsored me and I would be using AC21 to switch to my own company.

Can you please clarify?

great guru said:
To start a business you do not need any EAD. Any one can start a company in US with any visa or even without a visa from your home country just investing and incorporating a foreign company.

If you are going to work for the business and take pay check then only you need EAD or H1 from that company.
Click to expand...
 
great guru said:
To start a business you do not need any EAD. Any one can start a company in US with any visa or even without a visa from your home country just investing and incorporating a foreign company.
Click to expand...
Not so simple if this is an employment-based green card process. If the self-employment is going to replace the original job for AC21 purposes, it has to satisfy the "same or similar" criteria, and the company must be able to prove ability to pay if the USCIS requests it (which they usually don't, but they probably will if they know it is a startup in which you are the owner. USCIS views self-employment with suspicion).
 
You must log in or register to reply here.
Top