Can my sponsor let me work on my own project assigning me a share?

[titaniumx]

I have a software project I work on as a hobby while on H1b with my present Employer. I made the product free of charge online (not open source). The product reached maturity in terms of reliability. Now can my employer acquire my project from me and start a child company, perhaps even assigning a share from that child company as payment for the deal? If so would I need a new H1b for the child company to also work for them?

 

I am aware that I am not supposed to work for anybody else when on H1b, but in this situation I developed the product which my sponsor now is interested in.

 

 

[jairichi]

You cannot.

[JoeF]

That would mean you worked illegally while developing that project. You can't claim it is a hobby and then later sell it.

[titaniumx]

Thanks for sharing that. Apologies again I have one more question, with this one more hypothetical. I have numerous ideas to start a business, but with stuck with my college debt and H1b slavery.

 

Say its not a hobby, can I develop a proof of concept (with the consent of the my Employer) never ever released to public? They may accept or reject the proposal based on the merits of the concept. I am asking this because my employer is very much flexible with helping me in anyway start a business, and I am not sure if there is any door left. Please help me if there is anyway I can do this. 

 

 

 

This is the best forum I seen, and my employer filed my H1b through your company per my recommendation.

[Goluram]

Big Fraud

[titaniumx]

Big Fraud

 

Reminder! A Hypothetical never be fraud, unless you execute em! 

 

You may not be aware that is a company in US who hire H1b individuals to help them work on their own projects. (like a startup incubator). I don't understand why you claim that would be a "big fraud".

 

I have the right to propose to my employer a new software project for our company, and with their approval I can work on a proof of concept. I would request my company to assign me a profit for that particular project if that goes well. You can claim it as a fraud, but I don't understand how.

 

I am here for legal opinion, not to judge my intention. 

[titaniumx]

Also please read and answer with a brief reason, not just jump in and say its is "fraud" or "immaculate". I would appreciate that. Thanks

[jairichi]

Thanks for sharing that. Apologies again I have one more question, with this one more hypothetical. I have numerous ideas to start a business, but with stuck with my college debt and H1b slavery.

 

Say its not a hobby, can I develop a proof of concept (with the consent of the my Employer) never ever released to public? They may accept or reject the proposal based on the merits of the concept. I am asking this because my employer is very much flexible with helping me in anyway start a business, and I am not sure if there is any door left. Please help me if there is anyway I can do this. 

 

 

 

This is the best forum I seen, and my employer filed my H1b through your company per my recommendation.

Your employer cannot help you in that way and compensate you with revenues from that so called hobby/business.

[JoeF]

Reminder! A Hypothetical never be fraud, unless you execute em! 

 

You may not be aware that is a company in US who hire H1b individuals to help them work on their own projects. (like a startup incubator). I don't understand why you claim that would be a "big fraud".

 

I have the right to propose to my employer a new software project for our company, and with their approval I can work on a proof of concept. I would request my company to assign me a profit for that particular project if that goes well. You can claim it as a fraud, but I don't understand how.

 

I am here for legal opinion, not to judge my intention. 

 

On H1, you have to get paid by the employer.

Startup incubator is fine for Americans, but on H1, you need o get paid all the time, startup incubator or not.

[titaniumx]

On H1, you have to get paid by the employer.

Startup incubator is fine for Americans, but on H1, you need o get paid all the time, startup incubator or not.

 

Yes I am getting paid from my employer as everybody else. They have the right to fire/hire me at anytime. I am the sole H1b in my company, all others are American employees and its owned by Americans. Payroll software is our main product which I directly work with, in addition I also work with many other software projects related to payroll.

 

In that scenario, if the company makes an agreement with me that they would assign profit from a particular product I introduced to the company and took lead in developing ab initio, why it is illegal? Assuming that I get compensated for all the hours I worked on that project along with other projects as a regular employee.

 

Working for my employer as a H1b worker is one thing, my share holding/agreement is another thing.

 

Please correct me, apologize if its exasperating. 

[JoeF]

You can't sign such an agreement, because the act of signing it would be work outside of the employment.

Managing a business includes signing contracts, etc., and you signing such an agreement would show that you run a business, which you are not allowed to do while on H1.

As I said, you need to stop trying to find workarounds. There are none. Don't think USCIS is stupid. They have seen all these lame workaround attempts.

[titaniumx]

Thanks for clarifying.