Can an H-1B Visa holder start his/her own company as passive investor?

[poncho3101]

Can I start my own business under H-1B visa?

Hello I am on my 1st year on H1B. I have read in different blogs that I can invest in any venture as long as I remain as passive investor. My intention is to partner with a GC holder (friend), go 50 50 and purchase some equipment that the company will be leasing. I will simply participate when signing the paperwork to put together the partnership then I will only remain as passive investor but will not collect dividends since all net income will be remain in the company as retained earnings for the first years and will be reinvested until I obtain GC status. This GC holder will be appointed as president of the company and he will hire operators for machinery, accountants, and drivers.

In the same fashion I currently have an investment property where I simply collect rent through my property management company so I do not activelly do work on the house.

If I start this new venture do you think I might have trouble in the future once I start my GC application under EB3?

By no means I intent to violate my status nor put in danger my future GC application process. I understand I should talk to an experience Attorney and I will, just want some input from people with some experience or that had gone through this process already on this great forum.

Is anybody out there under H1B and business owner? and has this person had any trouble with USCIS when requesting GC status?

Thank you I hope this helps more people !!

[wiweq]

Passive investment is OK for H1b holder, but better to talk with an attorney before taking this major decision.

[t75]

Your plan has many financial risks for you. Most new companies fail.