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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi,Looking for some Immigration answers. Here is our situation:Recently my wife received H4 EAD based on my approved I140. We registered a company with state government and now hired 5 to 7 consultants to work for us. All of my contractors (not full time employees though) are American citizens. Here are few questions I am looking for answers.1. First of all, does H4 EAD allow us to open companies (read somewhere we can. But wanted to confirm).
2. We also read, that H4 EAD expires when we travel outside USA and we need to re-apply for a new one after we re-enter USA. In this case what will happen to our already existing company that we have registered based on the H4 EAD and is still running under her name.
3. Can I be a shareholder/partner of our company that we opened on my wife’s name (on her H4 EAD)
4. When she is the managing partner/CEO etc, can I be a mentor to her and take decisions on her behalf officially (unpaid obviously ).
5. Can I hold the majority of the shares when she will still be the managing partner/CEO etc.
6. How can we make it a Woman based company/minority based company and what benefits can we get.
7. Can my wife still do a job when still running this business as being it’s head.
8. Also as we have already employed 5 to 7 contractors and are expecting to hire more in future as soon as we see growth, are we eligible to apply for green card on EB1 or EB5.
9. We do not qualify for diversity green card program. But is there any other way we can bypass this lengthy wait period.
10. Will my wife lose her H4 EAD if I change my job
11. Is there a way I can work for our company fulltime.Thanks
Gouri Mishra
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Let's go one by one: 1. First of all, does H4 EAD allow us to open companies (read somewhere we can. But wanted to confirm). Yes there is really no restriction like that on EAD.2. We also read, that H4 EAD expires when we travel outside USA and we need to re-apply for a new one after we re-enter USA. In this case what will happen to our already existing company that we have registered based on the H4 EAD and is still running under her name. No, this is not the case. As long as you maintain H-1B and she used the H-4 to come into the U.S. to continue to be in that status, that should work to maintain the EAD.3. Can I be a shareholder/partner of our company that we opened on my wife’s name (on her H4 EAD) Yes, but you cannot be involved in any other way except general board meetings and the like. Definitely no day to day or perhaps not even weekly involvement.4. When she is the managing partner/CEO etc, can I be a mentor to her and take decisions on her behalf officially (unpaid obviously ). No. You need to insulate yourself and either she runs the company or you hire someone to do it. 5. Can I hold the majority of the shares when she will still be the managing partner/CEO etc. Yes. But you must be a passive investor, no regular activity as I have explained.6. How can we make it a Woman based company/minority based company and what benefits can we get. That's not really an immigration question. You can post that question independently in our Employment Law forum.7. Can my wife still do a job when still running this business as being it’s head. Yes. As I said, no such restrictions on EAD.8. Also as we have already employed 5 to 7 contractors and are expecting to hire more in future as soon as we see growth, are we eligible to apply for green card on EB1 or EB5. EB-5 if your investment grows large enough ($1,000,000 or more, or $500,000 or more in a rural or high unemployment area as designated by the U.S. government. At least 10 jobs for U.S. workers must also be created. An EB-1 would be much harder because there also has to be a company outside of the U.S. to qualify for EB-1C.9. We do not qualify for diversity green card program. But is there any other way we can bypass this lengthy wait period. Not really. These are waiting lines of people that have applied before you and nothing in the law allows you to jump ahead of anyone else in line, not even in an emergency.10. Will my wife lose her H4 EAD if I change my job Not if you maintain H-1B status. You can do transfer of H-1B to maintain status.11. Is there a way I can work for our company fulltime. Difficult. Take a look at this link: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf And this one: https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions You certainly cannot use that to get a green card through EB-2 or EB-3. Maybe through EB-5 and perhaps through EB-1 if there is a qualifying company outside of the U.S. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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