can alien with H1-B stutus start a business?

[tao81]

can alien with H1-B status start a business?

What is the name of your state? Illinois

I am an alien with H1-B status and my I-485 AOS has been filed for 8 months already. I want to start a business so that I can work with it on part-time. My question is: am I legally qualified for registering any form of business structure?

 

[JETX]

"am I legally qualified for registering any form of business sturcture?"
*** Your visa does not allow you to have independent employment outside that of your sponsor.

 

[tao81]

Since my Green Card is in the last step of Adjust of status and the I-485 has been filed for 8 month. Does it give me some advance parole in forming a compnay before GC finally get approved?

 

[JETX]

No. You CANNOT own a separate business while on your H1B visa. Pretty simple.

 

[aarvee]

Ofcourse u can start a company! visit http://www.murthy.com/startup.html
http://www.usvisanews.com/faq-business.html

good luck!

 

[JETX]

Aarvee's answer is NOT correct when viewed from the question asked.

"I want to start a business so that I can work with it on part-time."
*** Again, the correct answer (even as supported by 'Aarvee's own referenced) is...... NO.

Here is an excerpt from Aarvee's reference:
"Similarly, it is possible for partnerships, limited liability, and other forms of organizations to include members who are not U.S. citizens, residents, or in non-immigrant status. It's the "working" the business that is prohibited."
and
"By having his hand in day-to-day activities, conversely, Ben is engaged in unauthorized employment, even though he is only working for his own company."

 

[aarvee]

i only said u can start a company. working for the company is not legal but he can do "voluntary" service ie should not be compensated.

 

[JETX]

"i only said u can start a company."
*** That wasn't what was asked.... or answered by me. Heck, using your logic, an equally acceptable answer would be, "Of course you can jump off a building.... just don't hit the ground".

 

[tao81]

Thanks for everybody's input. One thing I forgot to say early that I received EAD card 60 days after I had filed my I485. I assume the EAD card is a work permit to allow me work in united status. If the answer is true, Can I translate it as forming a business entity and working with this company is legal under my valid EAD?

 

[aarvee]

Todd,

ur ability to start a business is totally separate from being able to work for it. anybody anywhere in the world can start a business in the United States (except for subchapter S corps-requires atleast resident alien status).

the EAD authorizes u to work in the US. So yes, u can both start and work for ur company

 

[tao81]

aarvee:

Your explanation further simplify the issue by pointing out forming a company is OK for anyone but working for such formed company could have potential legel issue for H1B holder. In my case, since I have EAD on AOS and also renewed such EAD every year, it appears thing's just fine for me.

Condsidering the pro & cons of all business strucure, I think the S. incorporation is good for me. However, you mentioned S corps-requires atleast resident alien status, could you provide some on-line reference for that view? Thanks again.

BTW just for my curiosity, I saw both you and JETX are quire familiar with these legal question. Are you law scholl student or in other profession.

 

[aarvee]

Hi,

You are a resident alien and so that restriction will not apply to you. For more info, u could start at the small business website at www.sba.gov Also check out the IRS website http://www.irs.gov/businesses/small/index.html for some training videos.

I'm a business grad trying to start my own firm and so have been reading up..........