Which of these options allows me to start my own business while working on H1b in USA?


Recommended Posts

Hi,

I'm in USA on H1b visa, and want to start a side hustle. My company has started green card process on my behalf and its at the PERM stage. If everything goes well, I should get a current date of November this year. 
My wife recently started her tenure as a resident doctor on J1 visa. 

Since H1b doesn't allow starting my own company, I'm contemplating between 3 options -
a) Find a co-founder who is a citizen of US, and make them the primary owner
b) Register the company in India with myself/family member as the primary owner
c) Transfer to J2 visa after receiving I-140 and start my company then

I want to understand which of these options is doable and has least resistance? Also I want to know if I will lose my current date if I transfer to J2 visa?

Regards,

Link to comment

On H1 you can only be a passive investor, putting your money into a business and otherwise stay out of it. You can not "make" somebody else the primary owner. That's already active involvement, which is not allowed on H1, nor on J1 or J2. You also can NOT work for a company other than your H1 employer, regardless of where the company is located. It matters where you are located.

In short, none of these things will work. Wait for your GC.

Edited by JoeF
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...