Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 10-01-2007, 02:53 PM
Senior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
03/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jun 2007
Posts: 400
shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold
Default Start your own business on EAD or start a business owned by dependents on EAD, risks

Please no critic, if you can provide some or any info will be appreciated and would be helpful for everyone who is interested on this topic.

Donít redirect everyone to other threads, we all have come to this thread because we have applied to I 485 and received EAD and are interested in our next steps

1. Can and H1B holder or H1B with EAD own a company? If yes what is the risk involved in I485

2. Can a H4 Holder with EAD own a company? If yes what is the risk involved for the primary applicant?

3. What sort of companies can an EAD holder start? What is the risk involved?

4. What sort of liabilities is involved? Any insurance to protect

5. How much is the tax involved? And does it depend on State to state? If yes any info would be helpful

6. Can we start the company from our own apt/condo/house? Do we need to be in the same city/state, where we have started our company? Are there any tags or loop holes

7. Can the primary holder work part time for the company owned by dependent on EAD

8. Can the primary holder use EAD for part time (any job) or working part time for the company owned by EAD (dependent), is there any risk involved?

9. How much would be initial cost involved and what would be the approx tax for the first few years?

10. Initially do we need any attorney or paralegal to help in setting up the company?

11. Can we use AC21 for the company started by spouse who is on EAD?

12. What info do we need for kicking off AC21? Risks involved, info / suggestions always appreciated

13. Benefits or uses of EAD for Primary, dependent

All the senior people out there, who have got their EAD and waiting for your GC please advice and guide us in the right direction, so that we can make a better use of our EAD. Risks involved, important points to consider on various stages of I 1485 process, and your valuable suggestions would help us in making our lives a little better

Any more questions or suggestion or input on this topic would be helpful for me and our friends.

Please add your questions, suggestions, ideas, inputs and critics to the questions, if the question is not framed properly and not to the thread itself

Thanking all of you in advance for your valuable suggestion and posts

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-01-2007, 03:11 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 68
kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of
Default This is nice a FAQ on Starting a company on EAD

summerization of answers would be greatly appreciated.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-01-2007, 03:17 PM
Senior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
03/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jun 2007
Posts: 400
shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold
Default Would love to do it

Quote:
Originally Posted by kumhyd2 View Post
summerization of answers would be greatly appreciated.
Friends,

If we can come up with more FAQ and find answeres would be of great help to each other.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 10-01-2007, 03:29 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute
Default

Quote:
Originally Posted by shana04 View Post
Please no critic, if you can provide some or any info will be appreciated and would be helpful for everyone who is interested on this topic.

Don’t redirect everyone to other threads, we all have come to this thread because we have applied to I 485 and received EAD and are interested in our next steps

1. Can and H1B holder or H1B with EAD own a company? If yes what is the risk involved in I485
you can start it with H1B also, but its full of gotcha's (you cant work for the company, cant draw salary etc). With EAD, no such restrictions. If you also continue fulltime on your GC sponsoring job, then no risk at all. If you try to call that job 'future employment' or try to use AC21 to port to your own company, its potentially risky. See earlier threads (esp by UnitedNations) on this issue, both on IV as well as immigrationportal.com

Quote:
Originally Posted by shana04 View Post
2. Can a H4 Holder with EAD own a company? If yes what is the risk involved for the primary applicant?
yes, no risk for primary (assuming primary is continuing on GC sponsoring job, and not trying to use AC21 and port to this company.

Quote:
Originally Posted by shana04 View Post

3. What sort of companies can an EAD holder start? What is the risk involved?
any kind. same risk as if a citizen were starting a company.

Quote:
Originally Posted by shana04 View Post

4. What sort of liabilities is involved? Any insurance to protect
start an LLC so you cant be personally liable for losses etc. Get liability insurance so if you get sued, your insurance company can step in with teh moolah (or lawyers to defend you). Get an accountant to do your taxes.

Quote:
Originally Posted by shana04 View Post
5. How much is the tax involved? And does it depend on State to state? If yes any info would be helpful
depends on state to state. In addition to taxes you pay a certain fixed amount to maintain the incorporation ($750 per year in CA as far as I know).

Quote:
Originally Posted by shana04 View Post

6. Can we start the company from our own apt/condo/house? Do we need to be in the same city/state, where we have started our company? Are there any tags or loop holes
you can start from your own apt/condo/house/garage. There used to be some loopholes where if you incorporate in states like Nevada or Delaware you dont need to pay the annual fees to teh state. However if you are primarily doing business in CA, then you still need to pay CA and everything evens out in the end. General recommendation now is to incorporate in the state where you are living (& will primarily be doing business).

Quote:
Originally Posted by shana04 View Post

7. Can the primary holder work part time for the company owned by dependent on EAD
yes.

Quote:
Originally Posted by shana04 View Post

8. Can the primary holder use EAD for part time (any job) or working part time for the company owned by EAD (dependent), is there any risk involved?
standard risk of moving of H1 to EAD: if your 485 is denied, yuo are immediatelty out of status. WOrking for your spouses company part-time does not add to the risk in any way.

Quote:
Originally Posted by shana04 View Post

9. How much would be initial cost involved and what would be the approx tax for the first few years?
depends on state.

Quote:
Originally Posted by shana04 View Post

10. Initially do we need any attorney or paralegal to help in setting up the company?
no, you can incorporate on your own. Just get some books from the library (starer kits from NOLO for instance). You should get an accountant for tracking your finances and taxes etc.

Quote:
Originally Posted by shana04 View Post

11. Can we use AC21 for the company started by spouse who is on EAD?
doable, but be prepared for questioning if interviewed (this is easier, simpler
than trying to port to self). will try to find unitedNations posts on this issue. He almost did this (port to self) and is the expert in such matters.


Quote:
Originally Posted by shana04 View Post

12. What info do we need for kicking off AC21? Risks involved, info / suggestions always appreciated
only risks that I have come across are:
- RFEs sometimes go to old lawyer and they may/may-not tell you about it.
- old company might revoke I-140 past 180 days and USCIS will deny the I-485 (incorrectly) and you end up going through the hassle of MTR etc. THings work out ok, but its unnecessary tension.

Quote:
Originally Posted by shana04 View Post

13. Benefits or uses of EAD for Primary, dependent
primary:
- can take up a part-time job
- can take up multiple jobs
- more job opportunities than on H1 alone

dependent:
- unrestricted employment
- can start-stop working whenever they want (useful for people planning to start a family)

Last edited by gc_chahiye; 10-01-2007 at 03:32 PM.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 10-01-2007, 03:43 PM
Senior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
03/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jun 2007
Posts: 400
shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold
Default Good info my friend

Quote:
Originally Posted by gc_chahiye View Post
you can start it with H1B also, but its full of gotcha's (you cant work for the company, cant draw salary etc). With EAD, no such restrictions. If you also continue fulltime on your GC sponsoring job, then no risk at all. If you try to call that job 'future employment' or try to use AC21 to port to your own company, its potentially risky. See earlier threads (esp by UnitedNations) on this issue, both on IV as well as immigrationportal.com



yes, no risk for primary (assuming primary is continuing on GC sponsoring job, and not trying to use AC21 and port to this company.



any kind. same risk as if a citizen were starting a company.



start an LLC so you cant be personally liable for losses etc. Get liability insurance so if you get sued, your insurance company can step in with teh moolah (or lawyers to defend you). Get an accountant to do your taxes.



depends on state to state. In addition to taxes you pay a certain fixed amount to maintain the incorporation ($750 per year in CA as far as I know).



you can start from your own apt/condo/house/garage. There used to be some loopholes where if you incorporate in states like Nevada or Delaware you dont need to pay the annual fees to teh state. However if you are primarily doing business in CA, then you still need to pay CA and everything evens out in the end. General recommendation now is to incorporate in the state where you are living (& will primarily be doing business).



yes.



standard risk of moving of H1 to EAD: if your 485 is denied, yuo are immediatelty out of status. WOrking for your spouses company part-time does not add to the risk in any way.



depends on state.



no, you can incorporate on your own. Just get some books from the library (starer kits from NOLO for instance). You should get an accountant for tracking your finances and taxes etc.



doable, but be prepared for questioning if interviewed (this is easier, simpler
than trying to port to self). will try to find unitedNations posts on this issue. He almost did this (port to self) and is the expert in such matters.




only risks that I have come across are:
- RFEs sometimes go to old lawyer and they may/may-not tell you about it.
- old company might revoke I-140 past 180 days and USCIS will deny the I-485 (incorrectly) and you end up going through the hassle of MTR etc. THings work out ok, but its unnecessary tension.



primary:
- can take up a part-time job
- can take up multiple jobs
- more job opportunities than on H1 alone

dependent:
- unrestricted employment
- can start-stop working whenever they want (useful for people planning to start a family)
Thanks for the useful info, I read about unitednations before, the way he fought for someone else to get there greencard, he is not an attorney
*would do some research on him.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 10-01-2007, 05:48 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: May 2006
Posts: 260
vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of
Default Yes-can work part time

It is allowed. You can do moonlighting in other jobs using your EAD, and still hold job with original GC sponsoring employer
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 10-02-2007, 12:54 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Aug 2007
Posts: 111
fall2004us is a jewel in the rough fall2004us is a jewel in the rough fall2004us is a jewel in the rough
Default

thanks gc_chahiye,
very useful information....
__________________
PD: Oct 2006
EB2
I-140 approved 12/06.
I-485, AP, EAD Filed 7/2/07 NSC
RD: 7/30/07, FP: 8/24/07
EAD received - 09/24/07
AP: 10/20/07
2nd EAD received - 8/28/08 (2 year validity)
3rd EAD: received - 8/25/10 (2 year validity)
2nd AP: applied 08/29/08, received on 11/11/08
3rd AP: applied 1/25/10, received on 04/14/08
LUD: I-485 - 8/26/07, 5/6/08 (address change)
Hard LUD (RFE) asking for G 325 & birth cert - 03/09
USCIS recvd the response 4/8/09 - same day hard LUD - under process
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 10-02-2007, 01:42 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
02/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2007
Compare
Join Date: Mar 2007
Posts: 733
ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of
Default

Quote:
Originally Posted by gc_chahiye View Post
you can start it with H1B also, but its full of gotcha's (you cant work for the company, cant draw salary etc). With EAD,

.....

- can start-stop working whenever they want (useful for people planning to start a family)
Good information. Thanks a ton.
__________________
I am not a lawyer. Above information is only reflecting my knowledge visiting forums and talking to people and their experience.

RD: 6/7/07, ND: 6/19/07, FP: 7/21/07
485 LUDs: 7/23, 7/24 & 7/28
EAD Approved: 9/12
AP Approved : 9/24
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
start own business under EAD ? phillyag Retrogression, priority dates and Visa bulletins 2 06-16-2013 09:59 AM
Start a restaurant business after getting my GC ksg09 Life after Greencard 10 11-12-2009 03:26 PM
H1B start own business while working...H4 too? Anysia Non-Immigrant Visa 1 04-13-2009 11:52 AM
Can I start a business in US while I am on H1B? abhi_jais Non-Immigrant Visas 3 02-13-2009 02:24 AM



All times are GMT -4. The time now is 11:39 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org