Establish company and working full time on being H1B

[entre]

Hello All,

 

Thank you for taking time reading this post.

Me and my husband are currently on H1B and we are from India. He is about to start his GC process. 

 

I want to start business (Software Product) and work on it full time. I know I can be a passive investor without working for that firm. But, I am ready to quit my job and work on the firm full time. So, can anyone tell me whether the below scenarios are legal? 

 

1. My husband will start a firm with a citizen/green card holder here, and will be passive investor. The firm can then sponsor H1B for me?

2. My husband will start a firm with a citizen/green card holder here, and will be passive investor. Another Consulting company will sponsor my H1B, and their client will be the firm my husband co-founded. And I will work for the client(ultimately the firm).

 

Any alternatives?

 

 

Thanks for your help!

 

 

[JoeF]

You can NOT do either of these.

Both would require you to tell the company to hire you. And the act of telling them that already is work.

[t75]

If you intend to become a US resident, why are you willing to violate the rules?  You will be able to do what you want without any suspicious activities after you get a GC.  You cannot pick and choose which US laws you will obey; if you won't obey all of the rules, don't bother staying.

 

Employment by a company owned by a family member is a big problem for guest workers.

[Attorney_23]

I suggest you start by reading the following article and then schedule a consultation:

 

“Entrepreneur” H1B Petitions: A New Option for Start-Up Companies?

[entre]

Thank you very much for answering. 
I dont want to do anything illegal and disobey the rules. I know how much it is important to obey the rules as an entrepreneur. 

My questions are whether they are considered legal, and I got the answer that they are not. 

 

Thank you!

[Attorney_23]

Thank you very much for answering. 

I dont want to do anything illegal and disobey the rules. I know how much it is important to obey the rules as an entrepreneur. 

My questions are whether they are considered legal, and I got the answer that they are not. 

 

Thank you!

 

Again, read the article I posted. If you're interested in pursuing this, it may be possible to do it in a completely legal manner.

[JoeF]

Thank you very much for answering. 

I dont want to do anything illegal and disobey the rules. I know how much it is important to obey the rules as an entrepreneur. 

My questions are whether they are considered legal, and I got the answer that they are not. 

 

Thank you!

You need to discuss your particular situation with a good immigration lawyer. These are not things you should do without professional help.