Can H-1 workers make their own company?
Feb 21st 2003, 10:49 pm
#1
Guest
Posts: n/a
Can H-1 workers make their own company?
Hi,
Please pardon me if I am raising that question which has been
discussed in this newsgroup already, but I couldn't find any direct
article related to this. I was wondering if it is allowed for the
temporary workers who are on H-1 visas here in the U.S to form their
own companies and start working through them instead of having any
other employer sponsoring their H-1 work visa?
This is a critical question for one of my friend who needs a job
immediately because he's been laid-off recently. This way he can pay
taxes by 1099 form instead of W-2 forms to IRS.
thanks in advance for your clue
Please pardon me if I am raising that question which has been
discussed in this newsgroup already, but I couldn't find any direct
article related to this. I was wondering if it is allowed for the
temporary workers who are on H-1 visas here in the U.S to form their
own companies and start working through them instead of having any
other employer sponsoring their H-1 work visa?
This is a critical question for one of my friend who needs a job
immediately because he's been laid-off recently. This way he can pay
taxes by 1099 form instead of W-2 forms to IRS.
thanks in advance for your clue
Feb 22nd 2003, 4:40 am
#2
Guest
Posts: n/a
Re: Can H-1 workers make their own company?
On Fri, 21 Feb 2003 15:49:14 +0000, SMB wrote:
> Hi,
> Please pardon me if I am raising that question which has been
> discussed in this newsgroup already, but I couldn't find any direct
> article related to this. I was wondering if it is allowed for the
> temporary workers who are on H-1 visas here in the U.S to form their
> own companies and start working through them instead of having any
> other employer sponsoring their H-1 work visa?
Yes, but it can be tricky. Be sure to hire a competent immigration
attorney. Also, one thing to be aware of is that you can only work within
your qualifications. That is, you would have to hire, for instance, an
accountant and probably also a manager to run the company.
> This is a critical question for one of my friend who needs a job
> immediately because he's been laid-off recently. This way he can pay
> taxes by 1099 form instead of W-2 forms to IRS.
The second concern in this situation is that the company formed by the
H-1B must absolutely be able to pay him his regular salary every month, no
matter whether or not any contracts come in.
His better bet may be to apply for a change of status to tourist.
> Hi,
> Please pardon me if I am raising that question which has been
> discussed in this newsgroup already, but I couldn't find any direct
> article related to this. I was wondering if it is allowed for the
> temporary workers who are on H-1 visas here in the U.S to form their
> own companies and start working through them instead of having any
> other employer sponsoring their H-1 work visa?
Yes, but it can be tricky. Be sure to hire a competent immigration
attorney. Also, one thing to be aware of is that you can only work within
your qualifications. That is, you would have to hire, for instance, an
accountant and probably also a manager to run the company.
> This is a critical question for one of my friend who needs a job
> immediately because he's been laid-off recently. This way he can pay
> taxes by 1099 form instead of W-2 forms to IRS.
The second concern in this situation is that the company formed by the
H-1B must absolutely be able to pay him his regular salary every month, no
matter whether or not any contracts come in.
His better bet may be to apply for a change of status to tourist.
Feb 24th 2003, 10:25 pm
#3
Guest
Posts: n/a
Re: Can H-1 workers make their own company?
Ingo Pakleppa wrote:
> On Fri, 21 Feb 2003 15:49:14 +0000, SMB wrote:
>>Please pardon me if I am raising that question which has been
>>discussed in this newsgroup already, but I couldn't find any direct
>>article related to this. I was wondering if it is allowed for the
>>temporary workers who are on H-1 visas here in the U.S to form their
>>own companies and start working through them instead of having any
>>other employer sponsoring their H-1 work visa?
> Yes, but it can be tricky. Be sure to hire a competent immigration
> attorney. Also, one thing to be aware of is that you can only work within
> your qualifications. That is, you would have to hire, for instance, an
> accountant and probably also a manager to run the company.
>>This is a critical question for one of my friend who needs a job
>>immediately because he's been laid-off recently. This way he can pay
>>taxes by 1099 form instead of W-2 forms to IRS.
> The second concern in this situation is that the company formed by the
> H-1B must absolutely be able to pay him his regular salary every month, no
> matter whether or not any contracts come in.
...and most likely he would still have to be paid on a W-2 instead of a
1099. This is not an immigration issue but rather a tax issue. Since he
would exclusively work for one employer (as most H1-B holders do) he
would be an employee (and thus require a W-2) and not a contractor (who
could use a 1099.)
Thorsten
> On Fri, 21 Feb 2003 15:49:14 +0000, SMB wrote:
>>Please pardon me if I am raising that question which has been
>>discussed in this newsgroup already, but I couldn't find any direct
>>article related to this. I was wondering if it is allowed for the
>>temporary workers who are on H-1 visas here in the U.S to form their
>>own companies and start working through them instead of having any
>>other employer sponsoring their H-1 work visa?
> Yes, but it can be tricky. Be sure to hire a competent immigration
> attorney. Also, one thing to be aware of is that you can only work within
> your qualifications. That is, you would have to hire, for instance, an
> accountant and probably also a manager to run the company.
>>This is a critical question for one of my friend who needs a job
>>immediately because he's been laid-off recently. This way he can pay
>>taxes by 1099 form instead of W-2 forms to IRS.
> The second concern in this situation is that the company formed by the
> H-1B must absolutely be able to pay him his regular salary every month, no
> matter whether or not any contracts come in.
...and most likely he would still have to be paid on a W-2 instead of a
1099. This is not an immigration issue but rather a tax issue. Since he
would exclusively work for one employer (as most H1-B holders do) he
would be an employee (and thus require a W-2) and not a contractor (who
could use a 1099.)
Thorsten
Feb 25th 2003, 7:52 am
#4
Guest
Posts: n/a
Re: Can H-1 workers make their own company?
On Mon, 24 Feb 2003 23:25:11 +0000, Thorsten wrote:
> Ingo Pakleppa wrote:
>> On Fri, 21 Feb 2003 15:49:14 +0000, SMB wrote:
>
>>>Please pardon me if I am raising that question which has been discussed
>>>in this newsgroup already, but I couldn't find any direct article
>>>related to this. I was wondering if it is allowed for the temporary
>>>workers who are on H-1 visas here in the U.S to form their own
>>>companies and start working through them instead of having any other
>>>employer sponsoring their H-1 work visa?
>
>> Yes, but it can be tricky. Be sure to hire a competent immigration
>> attorney. Also, one thing to be aware of is that you can only work
>> within your qualifications. That is, you would have to hire, for
>> instance, an accountant and probably also a manager to run the company.
>
>>>This is a critical question for one of my friend who needs a job
>>>immediately because he's been laid-off recently. This way he can pay
>>>taxes by 1099 form instead of W-2 forms to IRS.
>
>> The second concern in this situation is that the company formed by the
>> H-1B must absolutely be able to pay him his regular salary every month,
>> no matter whether or not any contracts come in.
>
> ...and most likely he would still have to be paid on a W-2 instead of a
> 1099. This is not an immigration issue but rather a tax issue. Since he
> would exclusively work for one employer (as most H1-B holders do) he
> would be an employee (and thus require a W-2) and not a contractor (who
> could use a 1099.)
Well, he would be working exclusively for the company he just started.
That, of course, would require that he pay himself with a W-2. However,
the client in this scenario can be anybody, and can pay the company on a
1099.
> Ingo Pakleppa wrote:
>> On Fri, 21 Feb 2003 15:49:14 +0000, SMB wrote:
>
>>>Please pardon me if I am raising that question which has been discussed
>>>in this newsgroup already, but I couldn't find any direct article
>>>related to this. I was wondering if it is allowed for the temporary
>>>workers who are on H-1 visas here in the U.S to form their own
>>>companies and start working through them instead of having any other
>>>employer sponsoring their H-1 work visa?
>
>> Yes, but it can be tricky. Be sure to hire a competent immigration
>> attorney. Also, one thing to be aware of is that you can only work
>> within your qualifications. That is, you would have to hire, for
>> instance, an accountant and probably also a manager to run the company.
>
>>>This is a critical question for one of my friend who needs a job
>>>immediately because he's been laid-off recently. This way he can pay
>>>taxes by 1099 form instead of W-2 forms to IRS.
>
>> The second concern in this situation is that the company formed by the
>> H-1B must absolutely be able to pay him his regular salary every month,
>> no matter whether or not any contracts come in.
>
> ...and most likely he would still have to be paid on a W-2 instead of a
> 1099. This is not an immigration issue but rather a tax issue. Since he
> would exclusively work for one employer (as most H1-B holders do) he
> would be an employee (and thus require a W-2) and not a contractor (who
> could use a 1099.)
Well, he would be working exclusively for the company he just started.
That, of course, would require that he pay himself with a W-2. However,
the client in this scenario can be anybody, and can pay the company on a
1099.
