Starting and "Running" a business on H1

[newBizAspiranr]

Hi, I and my friend , both are on H1 and want to start a small business in USA on a partnership (most likely an LLC, based on our research). Off course, we will need to run that business too.

Off course! We will need to work on this business in addtion to working for our current H1 sponsors (at least initially).

Here are my questions:

(1) I know that we can own the business, but to run it, do we need to apply for a second H1 for each of us?

(2) If the answer to query 1 above is "yes", should we apply for a full time or part time H1?


(3) Assuming we get our H1s, and the business does well enabling us to quit our current jobs, it looks like we won't be able to sponsor our green cards through our own company (off course each one of us will be a 50% partner).

In such a scenario, will it make more sense to
make our respective spouses (who are on dependent Visas) passive owners of the company and ourselves work for it as H1 employees.

Please note that our primary aim is to start and run a profitable business (not a dummy entity just to get the green card), but we want to set up the company so that, if the need arises we should be able to quit our current employers to work full time for our own comapny and still be able to apply for green card through employment in our own company.

 

[newBizAspiranr]

Part time H1 for own Business

Hi JoeF,

Thanks a lot for your informative reply. Extending my query further:

(1)Since we intend to start a small business in the IT field, we will ourselves be involved in Architecture, design and development of software assignments that we will get from our prospective clients, can we apply for part time H1s in our own company based on the above job description?

Intitally the major part of "Running" the business will mean working on software itself. Off course, we can outsource other business aspects such as accounting and payrolls.

Since the above job description does tecnically need a graduate degree, will it be possible to apply for a part time H1 based on that?

(2) Is there any restriction that we can't apply H1 for our own business if we have more then 5% share in it (Or any other restriction)?

I have been browsing this forum since a couple of days. Looks like law is far more interesting than I thought

 

[newBizAspiranr]

Blending "Management and Software Development responsibilities" in H1 petition

Hi JoeF,
Thanks again.

Will it be possible to blend Management Responsibilities, i.e. running the business and software development responsibilties in the job description part of the H1 petiition for own company?

Will it be possible to make convincing case based on the fact that people who start a new business may need to take care of management as well other responsibilities (in this case sotware development), at least in the intial phase of a small business?

 

[newBizAspiranr]

Take home points for "blended H1 job responsibilities"

Hi JoeF,

So the take home poins are

(1) Talk to an expert lawyer in this area.

(2) The H1 job description should describe Software architecture, design and development as primary responsibilities, while at the same time trying to accomodate business management tasks as a part of job description.

I have one more general question about the basis of immigration service center location where one should apply for h1/Green card/LCA:

Should it be the service area where

(1) The company is legally registered?

(2) The company operates from?

(3) The job site where the H1B worker/Green card holder will work?
(It could be a client's site where neither the company is registered nor it operates from).

(Assuming all these three locations fall in different service centers).

My guess is in case of H1, it should be the service center area in which the employee will actually work ,and in case of Green Card/LCA it will be the location of the projected future job which could be either the actual job location or where the company operates.

Please correct me if I am wrong. I'll appreciate any further clarification.

One more related query, is it necessary for the company to be legally registered in a service area where it files its h1/LCA/Green card?