Found an issue on this page? Let us know and we will look into it as soon as possible.
Question about immigrant on a VISA starting a company
Anonymous3 views5 answers
I am a recent mba graduate & international student on f1 opt status. I currently have a full time job and work with an employer. My h1b petition is currently in process filed on apr 1 2012. I am expecting the approval by oct 2012.
Can you tell me which of the following is possible and my best option among them to start a small sized business?
1. Start a S corp While I am in the opt status if it is possible?
2. Start a S corp in h1b and remain a passive investor only and hire others to run operations?
3. Start a s corp in h1b and provide my services to the company as volunteer work?
4. Partner with a permanent resident and start the company in his name while I remain a investor only?
5. Have the permanent resident start the company and I provide volunteer services to the company while I am in opt or h1b?
6. Any other option that is best for my scenario. If so, how?
Also, what type of incorporation is suited for this scenario?
1. Yes, but once on H-1B you will not be able to perform any work, whether paid or unpaid for it unless you have work authorization to work for them.
2. Yes, but the burden will be on you to prove that you are performing absolutely no work for it, that would include no consulting, no meetings, etc.
3. That would be unauthorized employment.
4. See 2.
5. See 3
6. Hire an experienced immigration attorney.
i agree - options 2 & 4 seem to be the best. You should be sure to support the "entrepreneurs in residence" initiative that is being explored by the USCIS right now. Have others who agree also weigh in on it. This is important for the US, as well as for entrepreneurial immigrants like you who are in the position to create jobs. The link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bd537158910e2310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Dhenu Savla
SwagatUSA, LLC
www.swagatusa.com
You don't want to be engaged in unauthorized employment while you are on an H-1B. How about entering into an loan agreement with your partner and that you will buy a specific portion of the business contingent upon receiving your EAD (or maybe you might decide to change to an E-2 treaty investor status once if the requisite treaty between your county and the U.S. exists)
