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    4 Replies Latest reply on Jan 22, 2008 4:24 PM by laborvisalaw

    How H-1B can start his company while continuing his job and not violating any laws?

    bizbuddy Newbie
      Hi friends,

      I'm working on H-1B and want to start my own consulting firm at the same time I don't want to violate any laws and also don't wantto quit my job immediately. What are the possibilities for such a company formation? I'm a foreign national and have lot of business ideas and want them to put into action. Any help would be highly appreciated.

      • BizBuddy
        • Re: How H-1B can start his company while continuing his job and not violating any laws?
          Lighthouse24 Ranger

          I empathize with your situation, but according to the law, "H-1B aliens may only work for the petitioning U.S. employer, and only in the H-1B activities described in the petition." As far as starting up your own company in the U.S. at present, I don't think you legally can.

          I'm not an attorney or immigration expert, so I don't know for sure that the following is possible -- but it seems that your best option would be to "partner" with a U.S. consultant who would file a Form I-129 petition and hire you part time. Technically you'd be the consultant's employee, but the terms of that employment would be between you and the consultant. It's probably as close as you could get to having you own firm in an H-1B status.

          Hope this helps. Merry Christmas.
          • Re: How H-1B can start his company while continuing his job and not violating any laws?
            LUCKIEST Guide
            Another great answer from Lighthouse. As I understand, you CAN NOT
            start your own consulting
            firm without violating our laws. it is great that you have lots of business ideas and want them to put into action.
            Speak to a lawyer, Have somebody who can legally open a Corporation do so and then maybe go to
            work for that Corporation (if that is legal).
            LUCKIEST
            • Re: How H-1B can start his company while continuing his job and not violating any laws?
              InfoSourcing Newbie
              Well I give 2 thumbs up for thinking of opening a company and posting/asking someone how to do it ... As you already know or heard your H1B is meant to work for single company or you can also have 2 H1B's so you can work part time in both the places and file returns from both jobs .. really yes check with your immigration attorney as well with ur recuriters it can be done ...

              But in ur case I would suggest to tie up with Green card holder or US citizen and open the company LLC as 50-50% partner and you will be secondary person on it and you don't get paid but still have invested money into it and this is legal to do so.... again check with your immigration attorney and CPA ...

              Finally wait till you get your EAD or Greencard where you can start to work for your own company or work for multi companies and start filing your taxes accordingly ... So you can start as secondary investor but not as primary nor as to work ...always good to ask and right to check with professionals (attorney, CPA's, recuriters etc)...

              Cheers!!!
              • Re: How H-1B can start his company while continuing his job and not violating any laws?
                laborvisalaw Wayfarer
                I agree with InfoSourcing's response above that this may be doable. I would like to put one caveat forward - generlaly the USCIS does a great deal of scrutiny where the sponsoring business is affiliated with the sponsoring employee. The principal of the business will have to show how the business can exercise independent judgment and, in theory, hire somebody else if the circumstances require it. I think in this case you have to be prepared to show, if asked by the USCIS, some degree by the company in its decision to sponsor you.