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vinabath
07-27-2007, 11:43 AM
With the interim benefits like EAD, you or your spouse can start a company. Are you planning to start one?

vinabath
07-27-2007, 11:49 AM
Vote

kaisersose
07-27-2007, 11:50 AM
Starting will not be a problem. But we cannot work for this company ourselves, which presents a challenge.

For example, I can work in yours and you can work in mine. That will be fine. :)

This is still a 2-way relationship. A better choice would be this. If we are n people starting n companies, then A1 should work for A2, A2 should work for A3....An-1 shoudl work for An and An should work for A1.

vinabath
07-27-2007, 11:52 AM
Starting will not be a problem. But we cannot work for this company ourselves, which presents a challenge.

For example, I can work in yours and you can work in mine. That will be fine. :)
You can work in your company using EAD. Your H-1B status will be no longer valid. But you still need to work for a sponsoring employer until you get GC. If your spouse has EAD thru yours, you can work for your spouse's company.

You can work in your company using EAD. Your H-1B status will be no longer valid. But you still need to work for a sponsoring employer until you get GC. If your spouse has EAD thru yours, you can work for your spouse's company.

kaisersose
07-27-2007, 11:53 AM
I think we are not supposed to work in companies owned by immediate family members. I cannot recall where I read this.

vinabath
07-27-2007, 11:54 AM
I think we are not supposed to work in companies owned by immediate family members. I cannot recall where I read this.

Thats for labor certification.

tnite
07-27-2007, 11:55 AM
With the interim benefits like EAD, you or your spouse can start a company. Are you planning to start one?

If you start one , I will become a partner

vinabath
07-27-2007, 11:56 AM
If you start one , I will become a partner

Thanks. I deeply moved(disturbed?) by your trust.

tnite
07-27-2007, 11:57 AM
Thanks. I deeply moved(disturbed?) by your trust.

Since you're a IV member, TRUST is the last thing I need to worry about...bro

vinabath
07-27-2007, 11:59 AM
Since you're a IV member, TRUST is the last thing I need to worry about...bro

Thanks again. We are going to thousands of new enterpreneurs in 2008. Thanks to USCIS for making us enterprising again.

indianabacklog
07-27-2007, 12:11 PM
With the interim benefits like EAD, you or your spouse can start a company. Are you planning to start one?
My spouse will start a company and declare his income as self employed. Prior to moving to the US he was always self employed and therefore this is just a natural progression for him. I, however, intend to retain H1B status and stay with my current employer until I have the card in my wallet. I make this choice since it will keep life simpler.

akilaakka
07-27-2007, 12:27 PM
Yes I am planning to start

WeShallOvercome
07-27-2007, 12:40 PM
Can you please start another poll asking how many children we plan to have?

tnite
07-27-2007, 12:56 PM
Can you please start another poll asking how many children we plan to have?


that will get tooooooo pesonal

Libra
07-27-2007, 01:06 PM
Guys, start a company but not s/w consulting companies, am already loosing bunch of money to those so called "middle layers". Start company to create jobs for others but not sucking money from already created jobs.

noone2day78
07-27-2007, 01:46 PM
Can you please start another poll asking how many children we plan to have?


You don't need a GC to have kids :)

amsaleem
07-27-2007, 02:07 PM
Still need a labor

buehler
07-27-2007, 02:10 PM
Still need a labor
That's a good one :D

vivekm1309
07-27-2007, 02:27 PM
Can we start a business part time & continue to work with the existing company on the EAD?

kaisersose
07-27-2007, 02:32 PM
Can we start a business part time & continue to work with the existing company on the EAD?

The business does not have to be part time. But you can work in your business as long as you continue your job.

For example, if you have plenty of money to invest, you can open a bunch of franchisee restaurants in your area and hire a manager to run them while you are continue your job. In fact, you can do this on your H-1b too. But in the H-1 scenario, you cannot work in/for the business in anyway including writing a check.

vinabath
07-27-2007, 02:37 PM
Can we start a business part time & continue to work with the existing company on the EAD?

Yes.

vinabath
07-27-2007, 02:40 PM
Guys, start a company but not s/w consulting companies, am already loosing bunch of money to those so called "middle layers". Start company to create jobs for others but not sucking money from already created jobs.
Let your ideas , creativity, hard work take advantage of this freedom to enterprise.

vinabath
07-27-2007, 02:45 PM
Looks like as of now more than 50% will start companies by 2008. Wow we are going to see 100,000 new enterpreneurs in 2008.

forever
07-27-2007, 02:53 PM
Company can be started at the click of a mouse. Question is how long it sustains and how many jobs it creates down the road.

devamanohar
07-27-2007, 03:14 PM
Hello,

I have applied for I-485 with my family. If i start my company, I should not work until i get my green card. But can I make my daughter(derivative) with I-485 application filed along with me work?.Will it be a problem? She will get EAD and Social Security number after 90 days. Please send your opinions.

visli_com
07-27-2007, 03:21 PM
I already started.But not working for my company.

srikondoji
07-27-2007, 03:27 PM
I disagree :D :eek: :rolleyes:
A1 can work for A3 and A2 can work A10 in any order.
It need not be in round robin order.
chill. It was just a humour.:)

Starting will not be a problem. But we cannot work for this company ourselves, which presents a challenge.

For example, I can work in yours and you can work in mine. That will be fine. :)

This is still a 2-way relationship. A better choice would be this. If we are n people starting n companies, then A1 should work for A2, A2 should work for A3....An-1 shoudl work for An and An should work for A1.

srikondoji
07-27-2007, 03:27 PM
That is pretty obvious.
Company can be started at the click of a mouse. Question is how long it sustains and how many jobs it creates down the road.

dilvahabilyeha
07-27-2007, 05:43 PM
Guys, start a company but not s/w consulting companies, am already loosing bunch of money to those so called "middle layers". Start company to create jobs for others but not sucking money from already created jobs.

Wise thinking! Nice Thanking :)

aspirant_1
07-27-2007, 06:30 PM
With a lot of people getting EAD's, I see a big boom in Indian Restaurant, Beauty Parlour's, baby sitting centers..... I hope to have more choices to eat outside in future..

Also all the people who are already in these bussiness should now be concerned.

bestia
07-27-2007, 07:24 PM
I asked many lawyers many times about opening a corporation while on H1/EAD. They do not suggest doing that before getting a GC. And if you do, have a US partner. Here is what I've been told.

Yes, you can legally own a US corporation, you don't have to have work permit. Anyone can own a property. You can legally draw dividends from your enterprise. It's same as earning interest on your stocks or savings account. You can be director of your corporation, you can be president and treasurer. You can do that.

If you don't have work permit, then you can't draw a salary and you can't perform any day-to-day operations. You can be just a passive investor. But you can sponsor secondary H1 for yourself or use your EAD. But here is the danger.

Your current employer sponsors you GC as a promise for future employment. Suppose with salary of $80k. Suppose you started your business, and made half a million dollars, paid taxes and got your dividends. In this case USCIS officer will have full reason to deny your GC, since he will not believe that you have intention to work for your sponsoring employer (or any employer at all). It doesn't make sense to work for someone else for $80k if you have a business that brings you $500k. So you will not fit into EB GC category, and your GC will be denied.

My lawyer suggested to never draw a salary, and if you do - only small amount. You have to be telling that your small business is just a small side project.

kaisersose
07-27-2007, 08:38 PM
I asked many lawyers many times about opening a corporation while on H1/EAD. They do not suggest doing that before getting a GC. And if you do, have a US partner. Here is what I've been told.

Yes, you can legally own a US corporation, you don't have to have work permit. Anyone can own a property. You can legally draw dividends from your enterprise. It's same as earning interest on your stocks or savings account. You can be director of your corporation, you can be president and treasurer. You can do that.

If you don't have work permit, then you can't draw a salary and you can't perform any day-to-day operations. You can be just a passive investor. But you can sponsor secondary H1 for yourself or use your EAD. But here is the danger.

Your current employer sponsors you GC as a promise for future employment. Suppose with salary of $80k. Suppose you started your business, and made half a million dollars, paid taxes and got your dividends. In this case USCIS officer will have full reason to deny your GC, since he will not believe that you have intention to work for your sponsoring employer (or any employer at all). It doesn't make sense to work for someone else for $80k if you have a business that brings you $500k. So you will not fit into EB GC category, and your GC will be denied.

My lawyer suggested to never draw a salary, and if you do - only small amount. You have to be telling that your small business is just a small side project.

Hi Bestia,

Thanks for the clarity. I have sent you a PM. Can you please respond when you can,

Thanks

Munna Bhai
07-27-2007, 10:57 PM
I asked many lawyers many times about opening a corporation while on H1/EAD. They do not suggest doing that before getting a GC. And if you do, have a US partner. Here is what I've been told.

Yes, you can legally own a US corporation, you don't have to have work permit. Anyone can own a property. You can legally draw dividends from your enterprise. It's same as earning interest on your stocks or savings account. You can be director of your corporation, you can be president and treasurer. You can do that.

If you don't have work permit, then you can't draw a salary and you can't perform any day-to-day operations. You can be just a passive investor. But you can sponsor secondary H1 for yourself or use your EAD. But here is the danger.

Your current employer sponsors you GC as a promise for future employment. Suppose with salary of $80k. Suppose you started your business, and made half a million dollars, paid taxes and got your dividends. In this case USCIS officer will have full reason to deny your GC, since he will not believe that you have intention to work for your sponsoring employer (or any employer at all). It doesn't make sense to work for someone else for $80k if you have a business that brings you $500k. So you will not fit into EB GC category, and your GC will be denied.

My lawyer suggested to never draw a salary, and if you do - only small amount. You have to be telling that your small business is just a small side project.

This is great input!! One cannot own a company even on EAD? I don't know that

what_if
07-28-2007, 12:11 AM
Here are a few options for people interested in starting their own company:

i) If you have a GC/citizen friend, let him/her own 5% (or any minority) stake in your company and register the company in his name. You own the rest of it and get paid as year-end profits on your 95% stake . You can do this even on H-1B. Many people do this and convince friends to work for their company.

ii) If you don't have a GC/citizen friend and you are still on H-1B/H4 etc. you can contact your CPA or tax lawyer and give them the deal mentioned in i). Many CPAs do this to help their clients out or even for the equity and profits.

iii) If you have a beneficiary (non applicant) with EAD, its good to have the beneficiary own the company as he/she has no constraint on the kind of job they can take up.

Legally, as most of you know, you can always do consulting through your own company on an EAD but personally, I won't do that. Basically, the primary applicant should stay clean and the spouse/beneficiary should do the company stuff.

If you start a consulting company, don't become like one of those employers who play nasty tricks on employees...always remember what we are going through (or have gone through) :) Hopefully, our generation of immigrants would provide better working environment to employees.

This is great input!! One cannot own a company even on EAD? I don't know that

vinabath
07-30-2007, 03:16 PM
If you start a consulting company, don't become like one of those employers who play nasty tricks on employees...always remember what we are going through (or have gone through) :) Hopefully, our generation of immigrants would provide better working environment to employees.

I hate to tell this, who does not play nasty tricks. H-1 B Employees plays nasty tricks. Tech Companies plays nasty tricks. Employers plays nasty tricks. Why do they do it? MONEY. Every one want to get the GOOD Deal. End of the day, if the employer does not suck employee, employee will suck blood out of the employer.

bestia
07-30-2007, 03:33 PM
I hate to tell this, who does not play nasty tricks. H-1 B Employees plays nasty tricks. Tech Companies plays nasty tricks. Employers plays nasty tricks. Why do they do it? MONEY. Every one want to get the GOOD Deal. End of the day, if the employer does not suck employee, employee will suck blood out of the employer.

Could you please tell what nasty tricks H1b employee can play? Maybe I missed so many opportunities :)

vinabath
07-30-2007, 03:38 PM
Could you please tell what nasty tricks H1b employee can play? Maybe I missed so many opportunities :)

A wants to come to USA and work for his friend's B company. But friend B has a relatively new company and cannot sponsor someone in india due to tight visa regulations.

So A gets hired by famTECH company which has a strong client list. A gets visa and work for 3 months for famTECH and jumps to friend B's company.

I can go on and on talking about the nasty tricks played by H-1B employees.

Libra
07-30-2007, 03:41 PM
It's looks like vinabath is an employer:D

I hate to tell this, who does not play nasty tricks. H-1 B Employees plays nasty tricks. Tech Companies plays nasty tricks. Employers plays nasty tricks. Why do they do it? MONEY. Every one want to get the GOOD Deal. End of the day, if the employer does not suck employee, employee will suck blood out of the employer.

vinabath
07-30-2007, 03:48 PM
It's looks like vinabath is an employer:D

I have acted like an employer to learn the business to start it on my own. After I have seen the murkiness of the business I lost interest in desi consultancy business.

I can assure you guys, thats a nasty world out there.

bestia
07-30-2007, 07:15 PM
A wants to come to USA and work for his friend's B company. But friend B has a relatively new company and cannot sponsor someone in india due to tight visa regulations.

So A gets hired by famTECH company which has a strong client list. A gets visa and work for 3 months for famTECH and jumps to friend B's company.

I can go on and on talking about the nasty tricks played by H-1B employees.

Keep going, please. Do you know any of such case? Tell me... if famTECH is a large company who sponsored visa. Then why jump to friend's company who couldn't sponsor H1 and who won't be able to sponsor LC/140? Doesn't make sense to me.


I have acted like an employer to learn the business to start it on my own. After I have seen the murkiness of the business I lost interest in desi consultancy business.

I can assure you guys, thats a nasty world out there.

It is nasty world, but one shouldn't make it nastier. I have never worked for consulting companies, so I may not know all the tricks. But I worked for a nasty employer, he held my documents, threatened me with deportation and law suits, underpaid me, his lawyer (he didn't allow me to hire mine) was directly lying to me, was responding to RFEs at the very last week (I got plenty of RFEs, since I guess INS was suspecting something), etc., etc. It ended when I left this company (losing years), I encouraged everybody to leave this company. I promised (and I did) to help them. Most of the folks left, the company went out of business (as far as I know, they sold their remaining business) - and that was it. They later threatened me with lawsuit, I countered by threatening to complain to DOL, so they won't be able to hire any H1b anymore. After that I never heard from them.

This is nasty world, but I have seen a lot of good consulting companies who do a good job, and I myself am thinking of opening one when I will be done with this GC crap.

vinabath
07-31-2007, 10:27 AM
Keep going, please. Do you know any of such case? Tell me... if famTECH is a large company who sponsored visa. Then why jump to friend's company who couldn't sponsor H1 and who won't be able to sponsor LC/140? Doesn't make sense to me.



It is nasty world, but one shouldn't make it nastier. I have never worked for consulting companies, so I may not know all the tricks. But I worked for a nasty employer, he held my documents, threatened me with deportation and law suits, underpaid me, his lawyer (he didn't allow me to hire mine) was directly lying to me, was responding to RFEs at the very last week (I got plenty of RFEs, since I guess INS was suspecting something), etc., etc. It ended when I left this company (losing years), I encouraged everybody to leave this company. I promised (and I did) to help them. Most of the folks left, the company went out of business (as far as I know, they sold their remaining business) - and that was it. They later threatened me with lawsuit, I countered by threatening to complain to DOL, so they won't be able to hire any H1b anymore. After that I never heard from them.

This is nasty world, but I have seen a lot of good consulting companies who do a good job, and I myself am thinking of opening one when I will be done with this GC crap.

I will tell you one thing, if you want to run it straight and right, you can not run this business. your got only one asset in this business thats people. you have to figure it out on how to retain them. if you dont you are going to be in losses. and the reason that its very tough to retain employees is money and career growth. .

rustamehind
07-31-2007, 10:34 AM
Also with flood of EADs coming in the market , holding H1Bs would be difficult proportion...

bestia
07-31-2007, 01:44 PM
I will tell you one thing, if you want to run it straight and right, you can not run this business. your got only one asset in this business thats people. you have to figure it out on how to retain them. if you dont you are going to be in losses. and the reason that its very tough to retain employees is money and career growth. .

Honestly, I can't argue here, since I don't have experience with this. But my understanding is that to keep people you have to pay them. Isn't it that simple?

vinabath
07-31-2007, 02:02 PM
Honestly, I can't argue here, since I don't have experience with this. But my understanding is that to keep people you have to pay them. Isn't it that simple?

Ok. I will you a good example on paying. Lets say you hired me on H-1B. You said you are going to pay 80% of the billing rate. I started working on a project and worked for 3 months. You sent the invoices to the client. You havent received the payment. Are you going to pay me for the 3 months or I need to wait until you get the payment.

Lets assume you paid me for the first 3 months because I am on H-1 and I need to get paychecks. The client after 3 months said that I cannot pay for the services we are not happy with the work provided. What are you going to do
1. Suck up the loss?
2. Pass the loss to the employee?

bestia
07-31-2007, 04:45 PM
Ok. I will you a good example on paying. Lets say you hired me on H-1B. You said you are going to pay 80% of the billing rate. I started working on a project and worked for 3 months. You sent the invoices to the client. You havent received the payment. Are you going to pay me for the 3 months or I need to wait until you get the payment.

Lets assume you paid me for the first 3 months because I am on H-1 and I need to get paychecks. The client after 3 months said that I cannot pay for the services we are not happy with the work provided. What are you going to do
1. Suck up the loss?
2. Pass the loss to the employee?

Well.. this is a standard business practice. If I pay you flat rate, then I pay you regardless if I get paid or not. If you are on H1b working for me, then that's the only option. I pay your guaranteed salary and you work on any project I tell you and do everything I tell you. If you do your job well, then I might pay bonus. If I don't like your work, I let you go. My relationship with a client, is only my concern. How much he pays me, you not suppose to even know.

Different model, and more common around me, when employee gets paid guaranteed 70% (or 50%) of his rate and if the client pays, then 130% (or 150%). But this is the employee's rate, not client's and doesn't work with H1b, only with independents.

If you are not on H1b, then we can partner on something and share and profit and loss. Here, you as partner are taking the risks. If you agreed to work for 80%, well... then if client pays 0, then 80% of 0 is 0.

Again, this everything has to be negotiated and signed before starting the work. I know, many people tend to change the agreements to their favor. Well... don't work with these people, what can I say. There are a lot of dirty people out there, regardless of your immigration status. American-born Americans get screwed sometimes. Just be careful and build around you people who you trust and enjoy working with.

vinabath
07-31-2007, 05:09 PM
Well.. this is a standard business practice. If I pay you flat rate, then I pay you regardless if I get paid or not. If you are on H1b working for me, then that's the only option. I pay your guaranteed salary and you work on any project I tell you and do everything I tell you. If you do your job well, then I might pay bonus. If I don't like your work, I let you go. My relationship with a client, is only my concern. How much he pays me, you not suppose to even know.

Different model, and more common around me, when employee gets paid guaranteed 70% (or 50%) of his rate and if the client pays, then 130% (or 150%). But this is the employee's rate, not client's and doesn't work with H1b, only with independents.

If you are not on H1b, then we can partner on something and share and profit and loss. Here, you as partner are taking the risks. If you agreed to work for 80%, well... then if client pays 0, then 80% of 0 is 0.

Again, this everything has to be negotiated and signed before starting the work. I know, many people tend to change the agreements to their favor. Well... don't work with these people, what can I say. There are a lot of dirty people out there, regardless of your immigration status. American-born Americans get screwed sometimes. Just be careful and build around you people who you trust and enjoy working with.

When you start your own company, End of the day make sure that you make money. I think you are going in the right track. Good luck with your entrepreneural endeavours.