Here is my hot water story

[eye_2_eye]

Looking for some advice on this. I am a Canadian Citizen who has an MD Degree and is currently completing residency in Canada. I have secured a fellowship spot in the USA, starting July 2005. It sounds as though I will be sponsored for an H1B by the University during that year. The problem is that in June of this year I started a C-Corp with a friend in the US (who is already on an H1B Visa...which after reading this forum I know is another whole issue).

1. Our corporation is doing very well and we both have been "volunteering" our time alot since we have no employees. My question is if I can not work/profit for another company in the US on a H1B visa then what happens to our pre-existing corp?

2. Can I take money out of the Corp while in the US on H1B?

3. If we are a registered corp in Iowa now, can we move the corporation to Nevada and take our names off the compnay as directors?

4. Can our C-Corp hire employees on a contract basis who are living in Canada...even though we do not have any US employees?


Any help much appreciated! Happy Holidays to Everyone!

Dan

 

[eye_2_eye]

Hmmm...that seems odd.

As I understand, with an H1B you can not play an active roll in the manamgent/operations of a US business...even answering phone calls or doing media interviews In this case, I have played an integral, very active roll in our US business upto this time.

It is almost impossible to suddenly stop being involved with the company just because I obtain a H1B visa for my fellowship.

What a problem.

 

[morpheus12]

As I understand, with an H1B you can not play an active roll in the manamgent/operations of a US business...even answering phone calls or doing media interviews In this case, I have played an integral, very active roll in our US business upto this time.

It is almost impossible to suddenly stop being involved with the company just because I obtain a H1B visa for my fellowship.

You can play an active role in the management and operations of a business - as long as you have an H1 to cover it.

You have at least three other options I can think of.

(1) File for a part-time H1B for your company

(2) Create a written contract with the university to subcontract your time back to your company as part of your job. They could take the contracting fees out of your salary, or you may be able to structure the contract in some other fashion.

(3) Only work for your company when outside the US

A good immigration attorney could probably come up with more options.

 

[morpheus12]

CIS usually does not give out H1s for running a business. Running a business does not usually require a college degree, with is one of the requirements for an H1.

Consult a good immigration attorney and I am sure they can create a job spec that requires a college degree and describes the work you will be doing.

Joe, we've discussed this topic many times before and disagreed. As I have pointed out, there are thousands of H1's in executive management positions at companies all across America.