Business on H1B - Question to JoeF

R

raju125

Registered Users (C)
Joe

This is the first time I have visited this section of the Forum. I am usually in the Labor Certification forum. I work on an H1B and my labor certification has been on file for almost 2 years now. The question I have is:

Is it possible for me to start a business, mainly by using the existing set up my brother-in-law has in India? I am thinking of building a website and start selling his products (here in the US). Now, can I do that while on an H1? Or do I have to wait for my green card? What if I get my EAD, can I do it then?

Please advice. Thank you so much in advance
Raju
 
Raju , as joe said you can start a company but cannot work for it . But if you think the venture is going to be profitable why not hire a local guy as CEO for the company ...this way you just remain as a passive investor
 
JoeF said:
Well, you can always start a company, anybody can. But you can not work for it without work authorization. Working means anything that is normally a paid job. It does not matter if you actually get paid. In essence, without work authorization, you can't do anything in the company.
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How does anyone measure 'work' - does it mean I cannot help my partner create a business plan? Obviously, if I work at the office, it would be gross violation - but if it is a store, can I be there after hours from my H-1-sponsoring company?

Also, as a co-founder (LLC or LLP), I can get share of profit - is this income allowed under H-1B? Is it considered similar to other investments like stocks and funds?

tia,

lil.
 
And what would you do there after hours? If you are there, even after hours, you better make sure that you have proof that you didn't do anything in the store, not even taking out the waste basket.
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If it is a store, it will be open longer than 5.30pm, which is when my current job would typically end on a normal day.

But in any case, your reply to the other question I posed was clear enough - if I cannot even take the trash out, I understand that there is no realistic work I can do at the premises at least, which will go unnoticed.

Thanks a lot, Joe.
 
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