Skip to main content

Opening a company in US with immigration status been H-1B/H-4 and EAD

Peoria, IL |
Filed under: Immigration

So my question is around can we open a company on my wife's name with her status been H-4 and EAD. We would like to sell product here that is imported from outside US. Is that a possibility to start a company that my wife can manage with her status been EAD and H-4.

Attorney Answers 4

Posted

You didn't tell us how someone on H-4 has an EAD.

Was Mr. Behar's guess correct.

Sure, if she has an EAD she can be self-employed.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

3 lawyers agree

5 comments

Asker

Posted

EAD was awarded based on Employment based application for me on H-1B. My wife got EAD at the same time as I did. Does that helps answer the questions.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, it does help. I see no problem with her being self employed.

Asker

Posted

She is doing part time job. Can she do part time job and run businesss on the side.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, with an EAD she can do as many jobs as she wants.

Asker

Posted

Thanks for your response in this matter.

Posted

Yes.

I assume the EAD is due to your having already filed an employment-based AOS applications.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

1 found this helpful

5 lawyers agree

4 comments

Asker

Posted

Yes she recieved EAD with my employment based immigration application in process in EB-2 India category.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Great! But the Hindustani quota is badly clogged, isn't it? I hope my answer was helpful. Please do not forget to designate a "Helpful" and "Best Answer" to this question.

Asker

Posted

You are right, Hindustani has a big que and the ways dates have been moved in last year wasn't helpful for me. We would have got our GC if dates were moved slowly and GC's were awarded in right order and not random. But thanks for help. So you think it is fine to open company on my wife's name, right?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Yes. I hope our answers were helpful. Please do not forget to designate a "Helpful" and "Best Answer" to your question.

Posted

I suggest you speak to a experienced immigration lawyer to help you out. More facts need to be known to answer the question. How was EAD for H4 acquired?

Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.

Mark as helpful

3 lawyers agree

2 comments

Asker

Posted

EAD was accquired based on Employment based immigration process in EB2 India catergory. My wife got EAD on her H-4 at the sametime. So question is can she start a company as side business. She is currently doing a part time job.

Danny Garmo

Danny Garmo

Posted

Remember the EAD Card is only temporary until the Adjustment of Status application is approved. It may or may not I don't know. So you do it at your own risk. I suggest speaking to an attorney before you make any decisions.

Posted

Your wife cannot get work authorization as an H4. You can open a company but oyu cannot work for it in H1B status

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Thanks Karen for response. She did get EAD through my employment based immigration application. So we were wondering if we can start a company on her name that she can manage business.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics