Dawnbell

Hi, all!

My husband currently is H-1B visa holder and I am H-4 visa holder. We are
considering to register a company which will be doing home-based business in
short run. And probably, we won't hire any employees. Is it legal for us
to do so? Thank you very much for your information!!

Hnchoksi

    >Subject: Issues with owning a home-based business
    >From: "Dawnbell" [email protected]
    >Date: 5/2/03 12:04 AM Eastern Daylight Time
    >Message-id:
    >Hi, all!
    >My husband currently is H-1B visa holder and I am H-4 visa holder. We are
    >considering to register a company which will be doing home-based business in
    >short run. And probably, we won't hire any employees. Is it legal for us
    >to do so? Thank you very much for your information!!

No it is not legal. You will be violating your status. H-1 is only allowed to
work for an EMPLOYER. H-4 is not allowed to work at all.

Dawnbell

Thanks for your reply. But one thing I am sure is that H-1 CAN own a
business, but he/she can't not work as an employee in that business. The
thing I am not sure is the home-based business issue.

"Hnchoksi" wrote in message
news:[email protected]...
    > >Subject: Issues with owning a home-based business
    > >From: "Dawnbell" [email protected]
    > >Date: 5/2/03 12:04 AM Eastern Daylight Time
    > >Message-id:
    > >
    > >Hi, all!
    > >
    > >My husband currently is H-1B visa holder and I am H-4 visa holder. We
are
    > >considering to register a company which will be doing home-based business
in
    > >short run. And probably, we won't hire any employees. Is it legal for
us
    > >to do so? Thank you very much for your information!!
    > >
    > No it is not legal. You will be violating your status. H-1 is only
allowed to
    > work for an EMPLOYER. H-4 is not allowed to work at all.

Cs

I am probably the most immigration law ignorant guy out here, so dont just
assume what I say is true.
You can "start" a business on an H1B, you can profit from the business, but
you cant work in the business. This makes it a bit hard, cause just
stablishing the business could mean you worked on it. Of course you could
always get an american partner to open the business for you, do all the
"work" and then you just collect the profits, I find it very doubtful that
anyone would ever complain, but I could be wrong.


"Dawnbell" wrote in message
news:[email protected]...
    > Hi, all!
    > My husband currently is H-1B visa holder and I am H-4 visa holder. We are
    > considering to register a company which will be doing home-based business
in
    > short run. And probably, we won't hire any employees. Is it legal for us
    > to do so? Thank you very much for your information!!

S B

Dawnbell wrote:
    >
    > Thanks for your reply. But one thing I am sure is that H-1 CAN own a
    > business, but he/she can't not work as an employee in that business. The
    > thing I am not sure is the home-based business issue.

A homebased business or employee, it makes no difference. You can only
work at the authorized employment. Just to show how serious this is,
one person several years back was put into removal for assisting his
handicapped neighbour getting a ball off his roof. A neighbour who
complained to the INS insisted that the job should be done by a hired
handyman, and therefore, the non-immigrant neighbour was working
illegally.

Cs

you kidding me right? so I guess I should be removed from the country for
helping friends when their computers dont work?


"S B" wrote in message
news:[email protected]...
    > Dawnbell wrote:
    > >
    > > Thanks for your reply. But one thing I am sure is that H-1 CAN own a
    > > business, but he/she can't not work as an employee in that business. The
    > > thing I am not sure is the home-based business issue.
    > A homebased business or employee, it makes no difference. You can only
    > work at the authorized employment. Just to show how serious this is,
    > one person several years back was put into removal for assisting his
    > handicapped neighbour getting a ball off his roof. A neighbour who
    > complained to the INS insisted that the job should be done by a hired
    > handyman, and therefore, the non-immigrant neighbour was working
    > illegally.

S B

I wish I was kidding you! But that has happened. It is believed that
the reporting neighbour had an axe to grind, but the INS did take it
seriously. I never did hear the follow up.

But you're right, you aren't really supposed to help friends when their
computers don't work. Now reality says that unless someone blabs, the
BCIS (INS) will never know, and chances are that they'll never act on
it, but the possibility is there.

You aren't even allowed to do volunteer work as say a church secretary
if it is normal in your area for church secretaries to be paid, or if
your church has paid someone to do secretarial work in the recent past.

So, given those scenarios, home based businesses are definitely taboo.



CS wrote:
    >
    > you kidding me right? so I guess I should be removed from the country for
    > helping friends when their computers dont work?
    >
    > "S B" wrote in message
    > news:[email protected]...
    > > Dawnbell wrote:
    > > >
    > > > Thanks for your reply. But one thing I am sure is that H-1 CAN own a
    > > > business, but he/she can't not work as an employee in that business. The
    > > > thing I am not sure is the home-based business issue.
    > >
    > > A homebased business or employee, it makes no difference. You can only
    > > work at the authorized employment. Just to show how serious this is,
    > > one person several years back was put into removal for assisting his
    > > handicapped neighbour getting a ball off his roof. A neighbour who
    > > complained to the INS insisted that the job should be done by a hired
    > > handyman, and therefore, the non-immigrant neighbour was working
    > > illegally.