H1B visa holder owns a foreign company

Immigration 1 views 2 answers
I am in US working for a US company with a H1B visa. I want to start a software company in India. 1. If I own a company in India while being an H1B worker in US, is that any violation of my US visa? 2. Can I work for my own company (in India), which may be do business with other companies in India? (tho' I am physically in US) 3. If my company (not myself) in India get paid, is there any US tax liability? (since I am physically in US?)

Attorney Answers

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tuart Jonas ReichImmigration AttorneyNew York, NY ·
You need to consult an immigration lawyer directly for a full evaluation of how the law applies to your unique situation. I can only answer in general terms. 1) No, it isn't - from an immigration/unauthorized employment perspective, you can own the Indian entity (I can't speak to any rules governing technology transfer). 2) You can do work which accrues to the benefit of the Indian entity, even while here. 3) You need to speak to a tax lawyer about this; there may well be tax liability. As an H-1B you are almost certainly a resident for tax purposes and my understanding is that the U.S. taxes on global income. I don't know that payment to the company as opposed to you directly would be sufficient to shield that income from taxation. Speak with an immigration lawyer for the first two questions, and an accountant or tax lawyer on the third.
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