Temp EAD question regarding self employment

[kari lina 0]

Okay, here's the deal:

My father owns a pretty successful company. My fiance and my father get along great, and my father has suggested that my fiance start his own company (an IT consulting company) when he is here in the US. My father will help him with the new company (by hiring my fiance's new company and referring him to others with whom he does business). Also, my father's attorney is helping my fiance plan all the legalities of the new company so that he will be able to begin the actual work sooner. My father actually has a lot of work that he already needs my fiance to do once he arrives and is legally allowed to work.

So... if my fiance has the temp EAD and gets everything established with his new company and begins building clients and what not during the time his temp EAD is valid, if there is an interim between when the temp EAD expires and before he receives his next EAD, I'm assuming he will not be able to offer any services to any clients during that time. Is that right? Or would it be better if my father hired my fiance as a contractor to begin the work he needs him to do while he has his temp EAD and then the contract would end when his temp EAD expires and then once he receives his (1 year?) EAD, he can pursue the building of his company at that time?

Did that question make any sense? I hope somebody can understand what I'm asking. Basically I want to make sure we do everything in the right way. Any thoughts will be appreciated. I will also run this by my attorney, but I wanted to see if anyone had any experiences or thoughts.

Thanks,

Karoline

[k1spain 0]

Since I moved to the USA more than 3 years ago, and of course after I received my first interim EAD, I have worked as a contractor in the IT industry (on 1099). No problems at all and I have already filed taxes 3 times.

[John & Annie 0]

This really is a loaded question.

Technically, if you do not have EAD, you can not work. But if he is the owner of the company and does not draw a salary, is he working as an employee. This is a legal question that your father should ask the attorney.

This subject has been greatly debated on this site and you are right in the middle.

I think a lot of people would be interested as to what happens with starting a business