Timmy

Hi,



Ok I might need an expert here. I am on an L2 visa and my husband is on
an L1 visa. I think it is L1B. I also have an EAD. I would like to open
up a clothes shop in the future and am wondering what my options are. Is
it possible for me to do this by opening a business and sponsoring
myself for an H1B ?



Alternatively, could my husband apply for a greencard. If he got it
would I automatically qualify and if I did could I then start up my own
shop ? How long in general does this process take?



Or r there any other options ?



Sorry if these are daft questions ! Any responses would be very much
appreciated.



Thanks in advance

Ivonne

Originally posted by timmy

    > Hi,


    > Ok I might need an expert here. I am on an L2 visa and my husband is
    > on an L1 visa. I think it is L1B. I also have an EAD. I would like to
    > open up a clothes shop in the future and am wondering what my options
    > are. Is it possible for me to do this by opening a business and
    > sponsoring myself for an H1B ?



I am not nearly an expert, but I think, you can not sponsor yourself for
a H1B. (I'm not sure, though)



    > Alternatively, could my husband apply for a greencard. If he
    > got it would I automatically qualify and if I did could I then start
    > up my own shop ? How long in general does this process take?


    > Your husband can't apply for a GC, but his company can. I don't know
    > much about this process either, but I think, the company has to do LCP
    > first, which might take around 2+ years, before the actual Application
    > for the GC can be done...until then, he would remain L1B


    > Or r there any other options ?


    > As far as i know, you can open your clothes shop with you EAD. This
    > entitles you for any employment, even self-employment.


    > Sorry if these are daft questions ! Any responses would be very
    > much appreciated.


Thanks in advance

Timmy

Originally posted by Ivonne

    > I am not nearly an expert, but I think, you can not sponsor yourself
    > for a H1B. (I'm not sure, though)




    > Your husband can't apply for a GC, but his company can. I don't know
    > much about this process either, but I think, the company has to do LCP
    > first, which might take around 2+ years, before the actual Application
    > for the GC can be done...until then, he would remain L1B




    > As far as i know, you can open your clothes shop with you EAD. This
    > entitles you for any employment, even self-employment.



Thanks for that advice Yvonne ! I am confused when you say that I can
open up a shop on my EAD. This is contrary to what I had heard
before......can anyone else shed some light on this ??

Joachim Feise

Ivonne wrote on 1/21/2004 13:33:
    >
    > I am not nearly an expert, but I think, you can not sponsor yourself for
    > a H1B. (I'm not sure, though)

In principle, you can. But because of the obvious fraud possibilties,
CIS tends to scrutinize such cases.
Something like this should never be done without a lawyer experienced
in such cases.
Note that for an H1, the job has to require a college degree and the
person has to have at least that degree.
In this case, for a clothing shop, it is highly unlikely that a college
degree would be needed.

-Joe

Timmy

Originally posted by Joachim Feise

    > Ivonne wrote on 1/21/2004 13:33:

    > >

    > > I am not nearly an expert, but I think, you can not sponsor
    > yourself for

    > > a H1B. (I'm not sure, though)


    > In principle, you can. But because of the obvious fraud possibilties,

    > CIS tends to scrutinize such cases.

    > Something like this should never be done without a lawyer experienced

    > in such cases.

    > Note that for an H1, the job has to require a college degree and the

    > person has to have at least that degree.

    > In this case, for a clothing shop, it is highly unlikely that a
    > college

    > degree would be needed.


    > -Joe



Joe,



In your opinion would I be able to start my own business on an EAD ?



Thanks

Joachim Feise

timmy wrote on 1/21/2004 14:30:
    >
    > In your opinion would I be able to start my own business on an EAD ?

Well, a lawyer can better answer that.
The law (INA 214(c)(2)(E)) states:
"(E) In the case of an alien spouse admitted under section 101(a)(15)(L), who is
accompanying or following to join a principal alien admitted under such section,
the Attorney General shall authorize the alien spouse to engage in employment in
the United States and provide the spouse with an `employment authorized'
endorsement or other apprpriate work permit."

My personal opinion is that "to engage in employment" includes being
self-employed, but I may be wrong.

-Joe