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Old Jul 17th 2004, 3:20 am
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Default Self Employment

Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.
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Old Jul 17th 2004, 5:27 am
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Default Re: Self Employment

Originally posted by andrea874
Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.

all you would need is a ssn for tax reason EAD is for working other people, who's to tell you cant run a company outside of the usa
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Old Jul 17th 2004, 6:06 am
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Default Re: Self Employment

Originally posted by andrea874
Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.

You can do anything you want to do, but you will need the proper license.
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Old Jul 17th 2004, 6:09 am
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Default Re: Self Employment

Originally posted by elenagreene
You can do anything you want to do, but you will need the proper license.
errrg what license depending on what you are doing.
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Old Jul 17th 2004, 6:59 am
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Default Re: Self Employment

Originally posted by andrea874
Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.
Feel free to ignore all the other responses. You *do* need an EAD to be self-employed (ie. you are the sole employee for your business). Most home-based businesses don't require any licenses or registrations, however, you will require a SSN or ITIN. Then again, a license or work permit may be required depending on your local municipal bylaws.

Ian
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Old Jul 17th 2004, 7:26 am
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Default Re: Self Employment

Originally posted by ian-mstm
Feel free to ignore all the other responses. You *do* need an EAD to be self-employed (ie. you are the sole employee for your business). Most home-based businesses don't require any licenses or registrations, however, you will require a SSN or ITIN. Then again, a license or work permit may be required depending on your local municipal bylaws.

Ian
Well it would be home based. I already have a SSN from being down here before... I'm not about to register my business until I get an EAD, but I'm just tryin to figure out if I even CAN do it then, or if I need to be a Permanent Resident first or whatever.
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Old Jul 17th 2004, 7:27 am
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Default Re: Self Employment

Originally posted by ian-mstm
Then again, a license or work permit may be required depending on your local municipal bylaws.
Eek - I meant business permit, not work permit. That's what I get for not proofreading.

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Old Jul 17th 2004, 8:12 am
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Default Re: Self Employment

Originally posted by andrea874
Well it would be home based. I already have a SSN from being down here before... I'm not about to register my business until I get an EAD, but I'm just tryin to figure out if I even CAN do it then, or if I need to be a Permanent Resident first or whatever.
you can reigster the business, the ead is nothing to do with owning a company.
anybody out of the usa can have business as long as they pay the tax man.

take a look here for some info

http://www.buzgate.org/ny/ch_sbdc.html#taxid

but check with your local state as things may differ
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Old Jul 17th 2004, 8:45 am
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Default Re: Self Employment

Originally posted by Help
you can reigster the business, the ead is nothing to do with owning a company.
anybody out of the usa can have business as long as they pay the tax man.

take a look here for some info

http://www.buzgate.org/ny/ch_sbdc.html#taxid

but check with your local state as things may differ

Well I know the EAD has nothing to do with owning the company.. BUTTTTTTT I'm guessing they wouldn't be too happy about a non-US citizen with no legal employment status making money off of the US. Maybe I'm wrong, but it seems to me that you would have to be legally able to work at least, in order to do anything with the company (ie make any money), as you would technically be employed by said company... Am I wrong? In any case, that link is helpful...
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Old Jul 17th 2004, 10:28 am
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Default Re: Self Employment

Originally posted by andrea874
Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.
Hi:

There is some old authority which pre-dates EAD's but has to do with the "245(c)" unauthorized employment bar to AOS for the old "non-preference" investor exception which stated that working your own business was not "unauthorized employment."

Take it for what you will.
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Old Jul 17th 2004, 1:27 pm
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Default Re: Self Employment

Originally posted by Folinskyinla
Hi:

There is some old authority which pre-dates EAD's but has to do with the "245(c)" unauthorized employment bar to AOS for the old "non-preference" investor exception which stated that working your own business was not "unauthorized employment."

Take it for what you will.

Hmm.. good to know. Still not something I'm going to risk I guess though. Its not like I'm totally desperate, I can just wait til I get an EAD and then move the company down here. Very interesting though...

BTW, I thought (and maybe I'm wrong here) that if you were applying for AOS thru a spouse or immediate relative that you are still eligible to adjust status... at least thats what the instructions on the I-485 seem to suggest. This doesn't mean a lot, and its still not something I'd want to take part in or suggest anyone else take part in, but... just as a matter of interest...
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Old Jul 17th 2004, 2:40 pm
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Default Re: Self Employment

Originally posted by Help
... the ead is nothing to do with owning a company.
True, but it has a helluva lot to do with being able to *work* for the company you own.

Ian
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Old Jul 17th 2004, 2:41 pm
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Default Re: Self Employment

Originally posted by andrea874
I'm just tryin to figure out if I even CAN do it then, or if I need to be a Permanent Resident first or whatever.
You don't need to be a PR. I had a home-based business for 3 years before i got PR status.

Ian
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Old Jul 17th 2004, 10:50 pm
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Default Re: Self Employment

Originally posted by ian-mstm
You don't need to be a PR. I had a home-based business for 3 years before i got PR status.

Ian
Cool cool, good to know
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Old Jul 18th 2004, 3:55 am
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Default Re: Self Employment

Originally posted by andrea874
Once I get the EAD, can I become self employed? I own a small (very small) company thats based in Canada, and I basically just abandoned it when I came down here. However, I'm curious as to when I can actually register a business in the US. Do I have to wait until I have a green card? Eventually I would like to move the company down here and get it going again... Any advice is appreciated.
I was offered a position as a self employed insurance agent in February. At the time I didnt have an EAD and my 90 day stamp was due to run out. So I rang Vermont SC who said I MUST have an EAD to do any paid work. You certainly dont need a Green card.
Cheers
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