Work VisaAug 1, 2018
AmazonMRTG50

can H-1B holder with approved i140 open a business?

I am lucky to hold the H-1B visa and my i140 got approved a month ago and I got the EAD.. When can I open a side business / get an income not from my sponsoring employer? Thanks!

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Tango Health WaterColor Aug 1, 2018

U cannot

VMware tyxS31 Aug 1, 2018

You can't open a business, you can be a "passive" investor, which means you can't legally be an employee on that side business, until you get your EAD or green card

Amazon MRTG50 OP Aug 1, 2018

I got the EAD forgot to mention

VMware tyxS31 Aug 1, 2018

That's not a small detail to miss 😂 but anyway I guess your super close to get your green card anyway, I think you should be good to go and open a business

Amazon MRTG50 OP Aug 1, 2018

Thank you! I’m super grateful to reach this point .

EMC Doremon2 Aug 1, 2018

No

Google quora_TW Aug 1, 2018

As soon as you have the EAD in hand, you can accept other employment or start your own company without restrictions.

Microsoft maverickk Aug 1, 2018

Yes, with the EAD, you're pretty much set for life. Congrats 🎉 PS: Not gonna lie, I'm lowkey jealous.

Amazon MRTG50 OP Aug 1, 2018

Thank you all! EAD for the win. The road to passive income begins..

Zillow Group hiyy Aug 1, 2018

What was your priority date, and when did you get ead, thanks

Microsoft jTjC08 Aug 1, 2018

You can but you cannot work in that company.. in other words you can open a company and be the investor/owner of the business but you cannot get salerry from the company.. you can get profits not sallery

Apple Advil Aug 2, 2018

I tried to do the same but my lawyer mentioned that if you switch to using EAD at any time then H1B would automatically cancel out. You then have to use EAD all the time. And travel internationally with AP. You cannot work on H1B and run a business on EAD at the same time and have a dual status. Many countries don’t allow visa free transit on AP. And it’s a pain to enter US on AP because you have to go through some sort of an interview.