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Doing Business on H-1B

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  • Doing Business on H-1B

    Hi All,

    I have some questions regarding owning a business while being on H-1B. I know some of my questions may have been answered already on this forum, but I couldn't find it. Anyway here goes

    1. Can you be owning a 50% stake in a company on H-1B Visa? I am actually starting a new company with an American Citizen on a 50-50 basis

    2. Can I transfer my Visa from my current employer to this new company?

    3. If yes, This company being a brand new entity would not have any tax returns, revenue, cash flow etc. Although we anticipate a good amount of revenue in the first year. Can I still do a transfer or would USCIS be asking proof of revenue to support my H-1B salary?

    4. Finally, If both #1, #2 and #3 are all possible and I successfully get my H-1B transferred. How long do I need to wait before which I can start my Green Card process through this new company?

    Hope some of you can help me with these questions.

    Thanks in advance,
    Ashesh

  • #2
    1. Yes. You should not be a working partner but can be an investment partner.
    2. Not a safe bet.
    3. Possible. Safe not to be an employee of the company that you own a stake in on H1b.
    4. The usual wait time if you worked for any other company. No difference.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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