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Can My Wife start a LLC while on Dependant H4 Visa (with Approved EAD)?
Anonymous3 views3 answers
1. My wife and myself have approved EADs and APs.
2. But I am still working on H1B and she has H4.
3. Can she be a 100% owner of a new LLC (she wants to start online sale business).
Please advice
She can start an LLC and can earn money from it, but she may not be employed by the LLC. I know that is a difficult concept to think of practically. H4 limits employment but not necessarily ownership or passive income. If she can find a way that someone else does the work and she earns money simply through her passive ownership in the LLC, then it might work, but she has to be very careful that she is not "employed". I would highly suggest that she speaks with an AILA certified immigration attorney about how to set that up such a company and how to structure it.
If your wife has an approved EAD from an I-485 filed pursuant to a labor certification she does have work authorization. I suppose she'd be "giving up" her H4 status to work but I don't see how that hurts her assuming you're proceeding forward through the labor certification process.
Maybe my colleagues see a pitfall that I don't.
