Hello,
I currently hold an H1B visa with a company, have had it for about 1.5 yr now. (I'm Canadian.) I've been developing a software product in my free-time - been making very good progress, despite the long hours. Ideally I'd like to market it, although doing so initially does not need to result in a huge capital investment: with mostly Internet-based delivery, support and payment handling, the greatest "expense" here is in the time and effort to create the intellectual property. On the other hand, if it were as successful as it could be, it could turn into a full-time job, hiring of employees, etc., etc. I realize and have been told that I can't do this in the U.S. in my current status - in fact, I could be tossed out and barred from future entry if I tried "boot-strapping."
I talked to one immigration lawyer who seemed willing to help me apply for an H1B, effectively sponsoring myself after having formed an LLC in the U.S. However after doing some more reading, it sounds like a very risky move likely just to result in the loss in several thousand in legal / filing fees. (For example I assume I'd need to *prove* that I could pay myself the prevailing wage, which is uncertain until I've started business which I can't do until I get the visa!! - or maybe I'm over-analyzing.) However if it were successful, it would seem to be an ideal situation, allowing me to hold 2 H1's and make a choice if and when the product does well enough to leave my current employer and take it on full-time. Has anyone successfully gone this route?
The E2 route was mentioned, but that requires some substantial up-front capital investments - that once again, I don't really *need* in this particular situation. (At some point yes, but not right now.)
So my current thinking is tending towards setting up a company in my "home province" or a possible "future province" - not sure how feasible this is since I haven't lived there in over 4 years now. I'd then be an executive in a Canadian company, working in the U.S. for a different company on a H1 visa. My current employer allows for "independent work" as well, so there's no issue there. When the cash-flow proves that it's a viable venture, I could then try to get an E2, if I were willing to invest capital (I was told by the same lawyer that it could be done for as little as $50,000, but it seems this is not a firm figure). There may even be other options at that point that I'm not aware of.
All of this seems very complicated, however, especially as it relates to taxation: I'm trying to NOT be a Canadian resident (for tax purposes), yet owning a company there would obviously make that impossible - Revenue Canada would want their share of business tax for example. On the other hand, trying to do this within the U.S. seems problematic from an immigration perspective, even though financially you'd think it would make sense for them to not want revenue flowing OUT of the U.S.
As you can tell, I'd prefer to stay in the U.S. for now, but with some more freedom from my current employer. I was NOT overly happy with the lawyer I talked to, in reflection. For example, when asked about what paperwork I'd need to provide if we tried to do an H1, he was very vague and said he'd send a list once I agreed to hire them on.
I know this is probably fairly unique, but does anyone have any tangential experiences / advice?
Thanks!
I currently hold an H1B visa with a company, have had it for about 1.5 yr now. (I'm Canadian.) I've been developing a software product in my free-time - been making very good progress, despite the long hours. Ideally I'd like to market it, although doing so initially does not need to result in a huge capital investment: with mostly Internet-based delivery, support and payment handling, the greatest "expense" here is in the time and effort to create the intellectual property. On the other hand, if it were as successful as it could be, it could turn into a full-time job, hiring of employees, etc., etc. I realize and have been told that I can't do this in the U.S. in my current status - in fact, I could be tossed out and barred from future entry if I tried "boot-strapping."
I talked to one immigration lawyer who seemed willing to help me apply for an H1B, effectively sponsoring myself after having formed an LLC in the U.S. However after doing some more reading, it sounds like a very risky move likely just to result in the loss in several thousand in legal / filing fees. (For example I assume I'd need to *prove* that I could pay myself the prevailing wage, which is uncertain until I've started business which I can't do until I get the visa!! - or maybe I'm over-analyzing.) However if it were successful, it would seem to be an ideal situation, allowing me to hold 2 H1's and make a choice if and when the product does well enough to leave my current employer and take it on full-time. Has anyone successfully gone this route?
The E2 route was mentioned, but that requires some substantial up-front capital investments - that once again, I don't really *need* in this particular situation. (At some point yes, but not right now.)
So my current thinking is tending towards setting up a company in my "home province" or a possible "future province" - not sure how feasible this is since I haven't lived there in over 4 years now. I'd then be an executive in a Canadian company, working in the U.S. for a different company on a H1 visa. My current employer allows for "independent work" as well, so there's no issue there. When the cash-flow proves that it's a viable venture, I could then try to get an E2, if I were willing to invest capital (I was told by the same lawyer that it could be done for as little as $50,000, but it seems this is not a firm figure). There may even be other options at that point that I'm not aware of.
All of this seems very complicated, however, especially as it relates to taxation: I'm trying to NOT be a Canadian resident (for tax purposes), yet owning a company there would obviously make that impossible - Revenue Canada would want their share of business tax for example. On the other hand, trying to do this within the U.S. seems problematic from an immigration perspective, even though financially you'd think it would make sense for them to not want revenue flowing OUT of the U.S.
As you can tell, I'd prefer to stay in the U.S. for now, but with some more freedom from my current employer. I was NOT overly happy with the lawyer I talked to, in reflection. For example, when asked about what paperwork I'd need to provide if we tried to do an H1, he was very vague and said he'd send a list once I agreed to hire them on.
I know this is probably fairly unique, but does anyone have any tangential experiences / advice?
Thanks!
