QUESTION
Can I start an LLC on EAD and work for my LLC?
Asked on Jan 02nd, 2013 on Immigration - North Carolina
More details to this question:
I have an EAD, awaiting adjustment of status on EB2, India. I would like to start an LLC and become self employed. I will be either sub contracting and getting a 1099. Am I allowed to start an LLC and be its only employee?
2 ANSWERS
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If you have an EAD and are awaiting adjustment of status under the EB-2 category for India born, you have open market employment and are eligible to work for anybody including yourself. Under the EAD, you can start up your own LLC and be the only employee. However, that being said, your taking such steps may throw suspicion upon whether you actually intend to continue engaging in the position under which you have an EB-2 classification. In such case, there is the possibility that you will have a problem completing the green card process successfully.
Answered on Jan 18th, 2013 at 5:28 PM
The EAD you obtain is an open market work card so you may work for anyone including yourself. You don't mention whether your EB2 is based on an approved labor certification but if it is then you must intend to work for that employer for some time (time is not specified under the law) upon approval for LPR.
Answered on Jan 04th, 2013 at 12:22 PM