Greencard starting LLC with H4


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Long story short. I was on H1b before, then I received greencard in early 2009. Shortly after, my company ran out of business. I have been on self employed/freelancing for 2 years but hardly profitable. Recently, I decided to start a business with H1b friend. And he want to put his wife's name (H4) on the LLC for a reason. Anyway, we both invest on the project. Here are the problems:

1) We know H4 can only be passive investor but does someone (other then H4 & myself) has to be on payroll in order to constitutes employment? It's because I'm an investor of the business in this beginning stage, I do not want to withdraw any salary.

2) Our business will grow and when I want to apply GC-renewal or Citizenship in 2012-2013, Will there be any trouble at my USCIS interview when officer saw me: #1 laid off after issued greencard, #2 two years of unempolyment history. #3 have a LLC and paying myself (due to H4's constitutes employment), doesn't it sounds like I'm creating myself a job?

Last thing I want is to be suspected, therefore we want to do it right. Please advise if you have any ideas. Thank you!

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