Setting up a business on H1B Visa

Old Feb 15th 2010, 6:38 pm
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Default Setting up a business on H1B Visa

Hi
I have an American friend who has asked me to go into business with her. I am in the states on H1B visa with a green card application in via my husband, we are waiting for our date to become current.

Can anyone tell me if I can go ahead with setting this business up?

Thanks
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Old Feb 15th 2010, 7:44 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Hi
I have an American friend who has asked me to go into business with her. I am in the states on H1B visa with a green card application in via my husband, we are waiting for our date to become current.

Can anyone tell me if I can go ahead with setting this business up?

Thanks
A good lawyer.
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Old Feb 15th 2010, 8:09 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
I am in the states on H1B visa with a green card application in via my husband...
So, your husband has the H-1B visa and you have an H-4 visa? Is that correct?


Can anyone tell me if I can go ahead with setting this business up?
The issue revolves around the H-4 visa and the words "setting this business up". Would that be considered work? Perhaps yes, perhaps no... it's a fine hair to split. As Mr. F. suggests... time for a good lawyer.

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Old Feb 15th 2010, 8:23 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by ian-mstm
So, your husband has the H-1B visa and you have an H-4 visa? Is that correct?



The issue revolves around the H-4 visa and the words "setting this business up". Would that be considered work? Perhaps yes, perhaps no... it's a fine hair to split. As Mr. F. suggests... time for a good lawyer.

Ian
Sorry my mistake...My husband came over on a H1B I had a H4 we applied for our green card after been here 2 years. I was then lucky the year after applying for the green card to obtan a H1B visa.. Thanks for your replies...
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Old Feb 15th 2010, 8:46 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Sorry my mistake...My husband came over on a H1B I had a H4 we applied for our green card after been here 2 years. I was then lucky the year after applying for the green card to obtan a H1B visa.. Thanks for your replies...
I should also point out that I intend to continue to work for my current employer and not take a salary out of the business..
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Old Feb 15th 2010, 10:06 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
I should also point out that I intend to continue to work for my current employer and not take a salary out of the business..
Until you have an EAD, you are not authorized to work for anyone other than your H-1B employer. Being paid is only one measure of 'working'.

You should consult an immigration lawyer along with the business lawyer; you may be able to be an equity partner, but may not work until you get your employment authorization as far as most of us here know.
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Old Feb 15th 2010, 11:31 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by meauxna
Until you have an EAD, you are not authorized to work for anyone other than your H-1B employer.
I agree with Meauxna! I'll also add that "not authorized to work for anyone" includes not being authorized to work for yourself. As I alluded to earlier, the definition of "work" can be quite nebulous... and we mere mortals don't get to peek inside the head of immigration to get an idea of what they think "work" is!

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Old Feb 16th 2010, 1:44 am
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Default Re: Setting up a business on H1B Visa

Thanks for your replies...its very frustrating waiting on the green cards it takes forever...but then you guy's did warn me...LOL

Thanks again for replying...
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Old Feb 16th 2010, 3:31 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Thanks for your replies...its very frustrating waiting on the green cards it takes forever...but then you guy's did warn me...LOL

Thanks again for replying...
Note that you did not get an answer to your question. Based upon your posts, further inquiry into the facts of your case is needed. I saw at least one solution in the responses which would work depending upon the specific facts.
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Old Feb 16th 2010, 4:14 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by S Folinsky
Note that you did not get an answer to your question. Based upon your posts, further inquiry into the facts of your case is needed. I saw at least one solution in the responses which would work depending upon the specific facts.
Can you explain further?
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Old Feb 16th 2010, 4:29 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Can you explain further?
See post #2 in this thread. Your question is quite reasonable -- but it is what I call "deceptively" simple. Many questions can be answered in a forum like this -- I don't think yours is one of them.
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Old Feb 16th 2010, 4:29 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Can you explain further?
He probably won't. (Mr F does not give specific advice...)

But "further inquiry into the facts of your case is needed" means that a consultation with an immigration attorney who specialises in employment-based immigration might be worthwhile........... to identify a potential "solution ... which would work depending upon the specific facts".

[Edited to add: He beat me to it........ lol...]
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Old Feb 16th 2010, 6:49 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by S Folinsky
See post #2 in this thread. Your question is quite reasonable -- but it is what I call "deceptively" simple. Many questions can be answered in a forum like this -- I don't think yours is one of them.
Forgive me...I did take your advice I am going to see my immigration lawyer later this week.....

Thank you for taking the time to reply...
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Old Feb 16th 2010, 7:07 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Forgive me...I did take your advice I am going to see my immigration lawyer later this week.....

Thank you for taking the time to reply...
I'm sorry your discussion about the various possibilites was shut down.
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Old Feb 16th 2010, 7:15 pm
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Default Re: Setting up a business on H1B Visa

Originally Posted by mctraill
Forgive me...I did take your advice I am going to see my immigration lawyer later this week.....

Thank you for taking the time to reply...
No need to ask for forgiveness. By the way, many attorneys may not be aware of the 1970's investor non-preference cases. It might be an area to look at to answer your question. I don't know the answer, but I do wonder.
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