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Click to view laborvisalaw's profile Professional laborvisalaw 10 posts since
Jan 22, 2008
15. Re: H1B Visa holder wants to start a company in US with his family members back in India! Jan 25, 2008 8:58 AM
in response to: alchemist
There are some options, but I am not sure if they would apply to you.

  • The E1/E2 treaty investor visa is unavailable to you since India is not a treaty country.
  • The L1 visa may be an option but the requirements are that you are employed by the foreign entity for at least one year before you are able to work in the US for the US subsidiary. Assuming the Indian parent company has not been started yet, this may be too long of a waiting period.
  • Finally, you may consider EB-5 investor visa but the investment requirement is $1 million (with some exceptions) which investment must create employment for at least 10 US persons authorized to work. If you have this kind of money to invest, this is an option.

As always, this is just a rough guide, consult an attorney for more nuanced analysis. I will be happy to provide you with a free consultation over the phone, please email me at info@cilawgroup.com if you would like to schedule.

More sites which you may find helpful in your research:
Best regards-

laborvisalaw
Click to view pgk500's profile Start-up pgk500 1 posts since
Jul 16, 2009
16. Re: H1B Visa holder wants to start a company in US with his Jul 16, 2009 10:12 PM
in response to: nishantk
Hi Nishant,
Thanks for your encouraging reply.I am interested in starting a consulting firm and after reading a lot on this topic i have realized that you need someone with atleast GC to run your company as you can only be a passive investor and not an active investor because of h-1 restrictions.Do I have to run the payroll for the person I hire with a fixed salary and can I open a bank account and get funds deposited by client directly in my account. If I have to pay my employee can I pay by personal check cause i know as an passive investor I cannot even sign checks. Your response would be very much appreciated.

thanks,
P.K.
Click to view nj_ItInfra's profile Authority nj_ItInfra 9 posts since
Aug 29, 2008
17. Re: H1B Visa holder wants to start a company in US with his Jul 22, 2009 2:54 PM
in response to: pgk500
Hello P.K,

I have an IT company registered in newjersey and currently I do have offhsore. I am open for any parternership options and I am flexisble. you can reach me at srikrishna29 at gmail dot com.
Regards
Krishna
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