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6 Replies Last post: Jun 1, 2008 4:47 AM by peerallylaw

H1B Visa holder wants to start a non profit Online Business.

Mar 1, 2008 3:53 PM

Click to view satija's profile Professional satija 3 posts since
Mar 1, 2008
Hello Everybody,

I am H1B visa holder and am looking to start with an online business, nothing big at the moment but I was just wondering if I am allowed to start any kinda business (I am not expecting huge returns so planning to declare it as non -profit and probably donate the profit to charity).

I would want to own it completely once I get the EAD or Green Card in a year or so.
My questions are:

1.Can I legally own any business if I want to work for it voluntarily (and not make any money out of it)?
2.What if the company makes money ,how would I be able to get hold of it and use it or donate it to charity?
3.I am investing in the company, can I declare the same for my taxes?
4.I have started building the website and mentioned the name of the company (which does not exist as of now) which I still need to register.Any helpful comments would be appreciated.
5.Can I transfer the rights of the company to my brother in India anytime and let him make the profits?
6.What is I move to India ,can I still use the profits from the business, which is registered in US ?

Thanks in Advance,

Umesh Satija
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Click to view lalithabrahma's profile Mogul lalithabrahma 41 posts since
Mar 1, 2008
1. Re: H1B Visa holder wants to start a non profit Online Business. Mar 1, 2008 5:50 PM
Hi Umesh

I totally understand the questions you have. I use a service that offers quality business solutions and legal services at a very affordable price. You might want to check this website http://www.lalithabrahma.com
for more information and email me if you need help or have questions.

Thanks
Click to view grantsforce's profile Mogul grantsforce 64 posts since
Feb 17, 2008
2. Re: H1B Visa holder wants to start a non profit Online Business. Mar 1, 2008 9:34 PM
You will find answers to all your questions at http://www.immigration.com - Forums / Business. All the information is free. If you have further questions feel free to send me your contact number at help@grantsforce.com.
Click to view satija's profile Professional satija 3 posts since
Mar 1, 2008
3. Re: H1B Visa holder wants to start a non profit Online Business. Mar 2, 2008 1:25 PM
in response to: lalithabrahma
Lalitha,

Thanks for your message.I would certainly look at your website and see if I have any more questions and whether I would want to avail your services.Actually I see that they are very nominal.

Best Regards,

Umesh Satija
Click to view satija's profile Professional satija 3 posts since
Mar 1, 2008
4. Re: H1B Visa holder wants to start a non profit Online Business. Mar 2, 2008 1:27 PM
in response to: grantsforce
Grantsforce,

Thanks for your message.I shall have a look at the link and see if I have any further questions.

Best Regards,

Umesh Satija
Click to view laborvisalaw's profile Professional laborvisalaw 10 posts since
Jan 22, 2008
5. Re: H1B Visa holder wants to start a non profit Online Business. Mar 4, 2008 10:56 AM
Satija,

The US immigration regulations do not allow you to "work" for any employer without authorization. On H-1B visa, this means that you can work only for the employer who sponsors your H-1B visa (although you can have more than one H-1B sponsorships at a time). A more detailed and nuanced description can be found at http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/
From your question, the critical piece is whether what you are planning to do is "work." Generally, USCIS considers any type of engagement for which somebody, under normal circumstances, would be paid as "work." For example, if you volunteer to help a church or a school, that would not be considered "work" because under normal circumstances these are non-paid jobs. However, if you "volunteer" or work without pay as software engineer, for example, then that would be considered "work" by USCIS even though it is not paid. See here for more - http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/
What you could do is be a passive investor for a company (whether you are 100% of 0.1% owner) and receive the income as dividends or in some other way. What you cannot do is work for the company without authorization.

Hope this helps you navigate the issues. If you would like to discuss this further, please contact us and we will be happy to advise you further.
info [at] cilawgroup [dot] com
http://www.cilawgroup.com
http://www.laborimmigration.com
Click to view peerallylaw's profile Start-up peerallylaw 1 posts since
May 4, 2008
6. Re: H1B Visa holder wants to start a non profit Online Business. Jun 1, 2008 4:47 AM
1.Can I legally own any business if I want to work for it voluntarily (and not make any money out of it)?
YES YOU CAN START A BUSINESS
2.What if the company makes money ,how would I be able to get hold of it and use it or donate it to charity?
YOU CANNOT BE PAID FOR THE BUSINESS
3.I am investing in the company, can I declare the same for my taxes?
YES YOU CAN INVEST
4.I have started building the website and mentioned the name of the company (which does not exist as of now) which I still need to register.Any helpful comments would be appreciated.
YOU CANNOT MENTION A COMPANY THAT DOES NOT EXIST YET, IT WILL BE FALZE ADVERTISING
5.Can I transfer the rights of the company to my brother in India anytime and let him make the profits?
YES
6.What is I move to India ,can I still use the profits from the business, which is registered in US ?
YES

THE ABOVE ANSWERS ARE NOT LEGAL ADVICES. THEY ARE PURELY INFORMATIONAL I HIGHLY ADVISE YOU TO CONTACT AN IMMIGRATION ATTORNEY.

Shah Peerally
Managing Attorney and President
Shah Peerally Law Group PC
A Professional Corporation prasticisng exclusively immigration laws
www.peerallylaw.com
Ph 510 742 5887