Slashdot Mirror
Creating a Business in the US on an H1-B Visa?
GnaGnaGna asks: "I've lived in the US for almost a year now and have a full time position with a major American company under an H1-B visa (work visa for foreigners). Besides this job, I also run an increasingly popular website generating AdSense revenues. I am not sure if I am allowed to create a US company (most likely an LLC), under my legal status, and transfer the Adsense profits to my personal bank account or a business bank account.
Have my fellow readers faced a similar legal situation or know anything about it?"
Get a lawyer. There is nothing here that can really help you other then moral support.
Now, if that makes sense to anyone, could you please explain it to me? I think I've confused myself.
Cliff, please explain why this is a good "ask slashdot" question. This is obiously something that should be referred to a lawyer. It is hard to believe that this was the best question you had in the queue.
-molo
Using your sig line to advertise for friends is lame.
No, you are not allowed to run a business while you are on an H-1B visa. You can be a passive investor in a business ONLY. If you do anything that is regarded as work that would normally be paid, even if you are not remunerated, you break the conditions of your H-1B, and are deportable under 237(a)(1)(C) of the INA. You may not receive anything other than normal shareholder dividends from the company, and you will need to declare them on your IRS return. Any attempt at covert payment through dividends is likely to attract unwelcome attention from the IRS, and possiby the USCIS.
Lots of people do what you are describing, but it is definitely 100% ILLEGAL, and you will most likely be deported and banned if you are caught.
Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
You have asked a question that can only be answered by a lawyer. While reading the answers to your question, you should be aware that:
/. readers have been in this situation
/. advice could be:
[x] It is likely that many
[ ] That question is not applicable to geeks.
[ ] Wow. Who would ever wonder about that.
The consequences of following
[ ] Incarceration in a Federal Supermax Prison
[ ] Incarceration in a regular prison
[ ] Incarceration in "country-club" for white-collar criminals.
[ ] Large fines
[ ] Small fines
[X] Deportation.
Further consequences could be:
[ ] You may have to register your address for the rest of your life.
[X] You may never be able to [legally] enter the United States again.
[ ] You may be subject to the ridicule of your peers.
[ ] You may become an international pariah.
[ ] Find a new career. Toxic waste disposal sounds good.
Best of luck in your future endeavors!
The real "Libtards" are the Libertarians!
"Hey Mr. Lawyer Man. I'm an H1-B worker, and I was wondering if I can start some sort of company here in the US?"
Easy enough. Should take about five minutes and a couple hundred dollars. Fucking lawyers.
Game... blouses.