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Old 02-15-2010, 09:16 PM
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Jul 2007
Posts: 38
kumarr is infamous around these parts kumarr is infamous around these parts
Default Starting a consulting Company while on EAD?

Hi Everyone,

I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.

I am July2007 fiasco filer of Indian US for a some 13 years and I am Canadian citizen.

I have almost 2.5 years of H1B still left from my 3 year H1B extension.

I had EAD before but never used it, so my employer has not renewed it.

I am currently working on H1B.

I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).

Starting a Consulting Business on EAD:

Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.

Please help me with the following:

Q1: Can I start the this consulting business while on EAD? Is LLC the best option?

Q2: Will it be then job portability from my current job to this new job in my company using AC21?

Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?

Q4: What evidence do I need to keep handy to show USCIS if asked?

Q5: Am I supposed to inform USCIS when I do this job chnage?

Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?

Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?

Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.

Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?

Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.

Thank you for your time and help.


Last edited by kumarr; 02-15-2010 at 09:24 PM.
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