nvedia Posted August 10, 2016 Report Share Posted August 10, 2016 I am currently on H1B with I140 approved. I wanted to know if its fine to open a LLC in US with not working for it as I would be the only person in that company. There is a friend of mine in India and my involvement would be to send the money he gets in company's account to him (India). Is there any way this is allowed? I know we can create LLC if we dont work for it but with only me being only one in the company and getting money in the name of company's account and sending to Indian friend is permitted? Please note that I do not want to go with option of creating LLC on wife's name as she is on H1B as well and applying for H4 EAD might take months for which we need a job gap as she is working Link to comment
JoeF Posted August 11, 2016 Report Share Posted August 11, 2016 On H1, you can only be a passive investor, putting money into a.business and otherwise completely staying out of it. Sending money somewhere is work, and you can not do that. Period. Link to comment
nvedia Posted August 19, 2016 Author Report Share Posted August 19, 2016 On H1, you can only be a passive investor, putting money into a.business and otherwise completely staying out of it. Sending money somewhere is work, and you can not do that. Period. So you are saying there is no other workaround for this problem? All I want to do is open a merchant account so that customers in US can send money to and that money reaches Indian account Link to comment
JoeF Posted August 19, 2016 Report Share Posted August 19, 2016 So you are saying there is no other workaround for this problem? All I want to do is open a merchant account so that customers in US can send money to and that money reaches Indian account That is not allowed on H1. Period. These are the rules of the H1. If you don't like it, you would have to leave the US Link to comment
nvedia Posted August 20, 2016 Author Report Share Posted August 20, 2016 That is not allowed on H1. Period. These are the rules of the H1. If you don't like it, you would have to leave the US No I am not leaving US lol Let me rephrase and see if this is ok An Indian citizen (non US resident and never been to US) + me (on H1B with I140 approved) would form a LLC in US(preferably in Delaware) and all the work would be done by the person in India The things needed are getting a LLC open (probably use legalzoom ?), US Business bank account , merchant service account to accept CC/cheque payments, PO box to get mails Since everything is online, all merchant activities, transfers etc can be done online Only for PO box, I need to give a physical address which I believe its fine for me to verify 1583 USPS form What are the hurdles in doing above? Can we get a local agent who can help with some of the tasks initially? Link to comment
rahul412 Posted August 20, 2016 Report Share Posted August 20, 2016 Do you have any GC holder friends? Link to comment
JoeF Posted August 21, 2016 Report Share Posted August 21, 2016 No I am not leaving US lol Let me rephrase and see if this is ok An Indian citizen (non US resident and never been to US) + me (on H1B with I140 approved) would form a LLC in US(preferably in Delaware) and all the work would be done by the person in India The things needed are getting a LLC open (probably use legalzoom ?), US Business bank account , merchant service account to accept CC/cheque payments, PO box to get mails Since everything is online, all merchant activities, transfers etc can be done online Only for PO box, I need to give a physical address which I believe its fine for me to verify 1583 USPS form What are the hurdles in doing above? Can we get a local agent who can help with some of the tasks initially? So, who would open the bank account? Who would file company taxes? A company has to have an actual physical address for that. And you can't fill out any forms, not even a USPS form for a mailbox. That would be active involvement. The bottom line: This is NOT going to work. Your friend will have to find and pay somebody with work authorization to do this stuff. Geez. Your friend's business must be doing really badly if he can't even afford to do this the right way, without breaking laws. Link to comment
nvedia Posted August 22, 2016 Author Report Share Posted August 22, 2016 Do you have any GC holder friends? I do and I guess I know that route but then that involves too much of hassle with profit sharing/explaining etc which i am trying to avoid as ownership solely would be of GC holder Link to comment
rahul412 Posted August 22, 2016 Report Share Posted August 22, 2016 I do and I guess I know that route but then that involves too much of hassle with profit sharing/explaining etc which i am trying to avoid as ownership solely would be of GC holder AFAIK, that's the only way you have. This is not possible on H1. Link to comment
JoeF Posted August 22, 2016 Report Share Posted August 22, 2016 I do and I guess I know that route but then that involves too much of hassle with profit sharing/explaining etc which i am trying to avoid as ownership solely would be of GC holder It would be way more hassle if you did it illegally. It would kill your future in the US, Link to comment
nvedia Posted August 22, 2016 Author Report Share Posted August 22, 2016 It would be way more hassle if you did it illegally. It would kill your future in the US, I am not doing anything illegally and nor planning to - thanks This whole immigration thing is so funny and idiotic that there is no logic behind all these rules Therefore, one needs to spend time to understand to figure how things can be done and that's what I am doing - trying to find a solution Link to comment
JoeF Posted August 23, 2016 Report Share Posted August 23, 2016 I am not doing anything illegally and nor planning to - thanks This whole immigration thing is so funny and idiotic that there is no logic behind all these rules Therefore, one needs to spend time to understand to figure how things can be done and that's what I am doing - trying to find a solution The logic is that an H1 is a temporary work visa to work for one employer, and that employer only. An H1 is not for running a business. To run a business, a person needs unrestricted work authorization, like a Greencard. It isn't really all that hard. Link to comment
nvedia Posted August 24, 2016 Author Report Share Posted August 24, 2016 The logic is that an H1 is a temporary work visa to work for one employer, and that employer only. An H1 is not for running a business. To run a business, a person needs unrestricted work authorization, like a Greencard. It isn't really all that hard. And we will not get the Green card until employers and lawyers stop lobbying :) Link to comment
JoeF Posted August 24, 2016 Report Share Posted August 24, 2016 And we will not get the Green card until employers and lawyers stop lobbying :) Greencard and H1 are two different, unrelated things. You don't even need to be in the US to get a GC. As far as the quotas for the GC are concerned, employers and lawyers would love to see them increased. The current majority in Congress (GOP) doesn't want that, though. Congress makes the laws. Link to comment
rahul412 Posted August 25, 2016 Report Share Posted August 25, 2016 Greencard and H1 are two different, unrelated things. These are two different things but they are related. Just take a look at the no.of H1 employees waiting for GC, you will know the relation. Link to comment
nvedia Posted August 28, 2016 Author Report Share Posted August 28, 2016 These are two different things but they are related. Just take a look at the no.of H1 employees waiting for GC, you will know the relation. You are right about the 'related' thing Lawyers want more and more H1B so that there are extensions, and more and more GC waiting so that there are extensions too They never want anyone to get GC or backlog problem solved Link to comment
rahul412 Posted August 30, 2016 Report Share Posted August 30, 2016 You are right about the 'related' thing Lawyers want more and more H1B so that there are extensions, and more and more GC waiting so that there are extensions too They never want anyone to get GC or backlog problem solved And these senior members never talk about these issues. They preach us about US immigration laws and doesn't support the bills that try to fix the broken system. Link to comment
nvedia Posted September 1, 2016 Author Report Share Posted September 1, 2016 And these senior members never talk about these issues. They preach us about US immigration laws and doesn't support the bills that try to fix the broken system. They will, once they figure out how to make money out of it too Link to comment
nvedia Posted September 15, 2016 Author Report Share Posted September 15, 2016 Can someone please tell me from uscis website where it states that a person on H1B cannot open a LLC and work for it ? Link to comment
nvedia Posted September 22, 2016 Author Report Share Posted September 22, 2016 So no mention on uscis / dhs website about this ? Link to comment
JoeF Posted September 22, 2016 Report Share Posted September 22, 2016 Geez. Just look at the immigration law. For ALL work in the US, a foreigner needs to have work authorization. An H1 is work authorization for one employer only. What part of that don't you understand??? On H1, only passive investment is allowed. You can NOT work for another employer, which also means you can not work for your own company (it would another employer.) I suggest you start reading https://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-unauthorized-employment/ And you can of course also schedule a consultation with an immigration lawyer, who will tell you the same thing. Link to comment
GcLLC Posted September 26, 2016 Report Share Posted September 26, 2016 My question to OP is this: Why do you want to open a company "to send money to India?" Indian companies can open accounts in foreign banks and receive payments in USD. There are many services that let Indian merchants accept US credit cards as well. Link to comment
nvedia Posted September 28, 2016 Author Report Share Posted September 28, 2016 On 9/26/2016 at 10:38 AM, GcLLC said: My question to OP is this: Why do you want to open a company "to send money to India?" Indian companies can open accounts in foreign banks and receive payments in USD. There are many services that let Indian merchants accept US credit cards as well. Not to send money to India, that was part of it To answer your question, I want to open a company to do Business in USA Link to comment
JoeF Posted September 28, 2016 Report Share Posted September 28, 2016 1 hour ago, nvedia said: Not to send money to India, that was part of it To answer your question, I want to open a company to do Business in USA Again, on H1, you can only be a passive investor. You can put money into a company and otherwise completely stay out of it. The H1 is a visa for employment, not for doing business. Link to comment
nvedia Posted September 28, 2016 Author Report Share Posted September 28, 2016 3 hours ago, JoeF said: Again, on H1, you can only be a passive investor. You can put money into a company and otherwise completely stay out of it. The H1 is a visa for employment, not for doing business. Yes I get that - thanks I was just explaining to him since he thought I just want to transfer money Isn't it pretty funny that on L1 you can only work, but on L2 EAD you can pretty much do any jobs or do Business Same for H1B and H4 EAD (So being on H4 is more powerful) Clearly these rules are made with no common sense or logic at all Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.