money167

You first assumption is wrong, H4 cannot start a business.

H4 is a dependant on H1 means they are only in US coz their spouse is in US on long term. H4 is not here to start a business.

But H4 is allowed to do an investment, she can invest in stocks or anything.

Well, I don't know what to say now because my H1 biz partner already opened up a LLC under his H4's wife name alone. I'm actually glad that my name isn't in the company as I don't want to get into any trouble in any future...

No just H4 by itself cannot be on LLC - that means they are doing a business, which they are not supposed to do.

H4 cannot be partner either, all they can do is be an investor.

Someone can correct me if I am wrong...

Just curious, if H4 open a LLC. I go work for this LLC, that should be legal. But can I 1) not be a member of the company, 2) not getting paid by this LLC?

I see, does it means technically, this H4 person can even be the only one on the LLC without any partner, memeber, manager and investor? Thanks.

Long story short. I was on H1b before, then I received greencard in early 2009. Shortly after, my company ran out of business. I have been on self employed/freelancing for 2 years but hardly profitable. Recently, I decided to start a business with H1b friend. And he want to put his wife's name (H4) on the LLC for a reason. Anyway, we both invest on the project. Here are the problems:

1) We know H4 can only be passive investor but does someone (other then H4 & myself) has to be on payroll in order to constitutes employment? It's because I'm an investor of the business in this beginning stage, I do not want to withdraw any salary.

2) Our business will grow and when I want to apply GC-renewal or Citizenship in 2012-2013, Will there be any trouble at my USCIS interview when officer saw me: #1 laid off after issued greencard, #2 two years of unempolyment history. #3 have a LLC and paying myself (due to H4's constitutes employment), doesn't it sounds like I'm creating myself a job?

Last thing I want is to be suspected, therefore we want to do it right. Please advise if you have any ideas. Thank you!

But you have to keep your foreign passport current before you can travel, that can be a pain in the butt if you only have two consulates in the entire USA. Traveled with my wife with a conditional green card, an expired green card with a one year extension, and finally when she had a US passport. The latter is most ideal, hang in there.

Thanks for your respond. Yes my passport is current, not yet expired. And my greencard is new, just got it back in January 2009. It's just there is no VISA on my passport, the only H1b on it had expired. Makes me worry coz everything I re-entered the US, they look for visa on my passport and I wasn't sure if Greencard require some kind of VISA/stamp/doc/whatever on the passport. From what learn from all these responds, all I need is greencard+passport.

Anyway, thanks for all input here!

Thanks guys! I got it now

Renewal for what? You GC allows you entrance back into the US niot the H1B on your passport, you are good to go woth the GC. Have a nice trip

To renew the status on my passport. I couldn't get a hold of my lawyer. Having many painful years dealing with US immigration, I want to make sure before leaving the US. They are full of surprises! I think I should be ok but I just want to confirm. Thank you for your respond!

Hi guys, quick question.

Now i have the greencard but the latest status on my passport is my expired H1b visa. I'm planning to travel back home for a couple weeks. Do I have to visit the US embassy at my home country to get some types of renewal? I would like to save the $ if I could. Please let me know, thanks in advance!!

Oh my god! I'm sorry to hear that my friend. I just returned from Asia and everything worked out smoothly. I spent the $130 and renewed my H1b instead of using AP. My wife also has H1b and we are both using AP as backup... oh wao, that's really suck what happened to your wife. I hate dealing with processing time, that's why I tried not to get out at all... Thanks for your post!

Found the perfect answer:

A pending Adjustment of Status (I-485) applicant can re-enter the US as long as he or she has a valid H-1B visa stamp in his or her passport OR an approved Advance Parole document in hand prior to leaving the U.S. If a person re-enters the U.S. with a valid Advance Parole document, then he or she will no longer hold valid H-1B status. Therefore, the best course of action is to re-enter the U.S. with a valid H-1B visa stamp and only use AP/EAD as backup. If something happens to the I-485 application and it gets denied, then such a person will at least be able to fall back into H-1B status.

Thanks for your reply!

No, I have never overstayed. I always been under legal status. I'm just wondering if I can walk-in with just AP without the hassle of renewing at the embassy and spend another $130. Some of my friend said I should renew my VISA instead of using the AP unless if my H1b had expired... I don't know, I'm very confused and unfortunately my lawyer is on vacation for another week. I have no one to ask...

My VISA had expired long ago and I never leave the country and renew it at oversea embassy. Now have the AP and I’m planning to visit home country for a few weeks. Do I still have to renew my VISA at the embassy or I can simply show off the AP with other supporting documents at the port in order to come back in?

And if I have to renew my VISA, should I use my H1b status or AP as supporting document? Or both?

Thanks!