Starting business on H1B and wife on H4-> EAD


alexvgs

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Posted

Hi,

 

I would like to start a business (LLC). I'm on H1B with approved I-140 and waiting on priority date. My wife is on H4. I'm planning to convert her to EAD (based on the new immigration rules). I will not work for the business, however I will be owner of the business. She will work on the business full time once EAD comes thru. Is this OK?

 

Thanks in advance.

Posted

That's not going to work.

Nobody will believe that you and your wife don't discuss business issues, e.g., over dinner.

Why do you want to be the owner and not your wife? And you don't "convert her to EAD". She would have to file for an EAD on her own.

Your words make clear that you want her to do what you want. In the business context, it would mean that she would just be a figurehead and you direct the company, which you can not do.

Posted

Another issue: who would hire her for the company? You can not do that, since it would be active involvement. And she can't hire herself because she doesn't have the authority to hire anybody for the company unless she already works there.

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