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Buying A Business While On H1b

Discussion in 'Nonimmigrant Visa Validity' started by sap4naga, Jun 11, 2015.

  1. sap4naga

    sap4naga New Member

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    Hi Ron,

    Can we start a business and be an absentee owner while on H1B ? I am planning to buy a franchise and have it operated by a manager or part time workers. Am, i supposed to do that ? Can I take profits out of my business ?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes to both questions.
     
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  3. sap4naga

    sap4naga New Member

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  4. justice

    justice Member

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    But, can you buy it on your name while being on h1b? I assume this 'manager' is also your partner who will essentially 'own' the business.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may buy it in your own name. You may have a partner or go it alone. What you may not do is actively manage it, or anything else that would normally be done by a paid employee.
     
  6. justice

    justice Member

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    and this paid employee should be a GC, correct. Any links you can provide that can explain all this. sorry, hate to bombard you with questions. and sorry again if you posted the link earlier
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The paid employee can be anyone.
     
  8. yellowstone

    yellowstone Guru

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    Ron,
    Thanks for your answer. I am in a similar situation. I am on H1-B ( EB2 India PD Aug 2010), and I've applied for my wife's H4 EAD. My question is
    1) Can we ( me and my wife) purchase/start a business ( actually planning to do both, purchase & start two separate businesses) co-owned by both of us
    2) Can I list my wife as the CEO/sole employee of both the companies?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may buy a business, but you may not actively operate it. If you want to name your wife CEO, that's fine, but you will need a full time manager who will run the business day to day.
     
  10. yellowstone

    yellowstone Guru

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    Hi Ron
    Thanks for the reply. But, my wife will have her H4 EAD, I guess that will allow her to operate the business as a fully paid employee right ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, of course that is different.
     
  12. msr

    msr Member

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    Hi Ron,
    Good Morning. Can a wife who has an EAD ( via husband's AOS ) start a new company & hire her husband who is also on EAD ( waiting for AOS adjudication ) as a FTE in the same or similar occupation as listed in the labor ? If she can, will the EVL provided by her will be valid if USCIS ends up issuing an RFE for an EVL ? Is this even realistic to think ? I have heard that few folks did this and got their GC. I want to know your opinion on this.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is uncharted territory, there are no precedents or guidance. My gut feeling is yes, this can be done, but I don't have any legal authority to support it.
     
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  14. msr

    msr Member

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    Understood. Thanks Ron. It appears Self Employment would be a better option here.

    As per the link - http://www.imminfo.com/AC21-Issues/Self-Employment.shtml, An adjustment applicant who ports to self-employment needs to be prepared to establish that the original job offer was a good faith offer, and that both the applicant and the employer must have intended to undertake the employment, upon adjustment.

    How can an Adjustment applicant establish that the original job offer was a good faiith offer ? Once the applicant ports to self-employment he will be leaving the sponsoring employer and I doubt that the sponsoring employer will support the employee in this situation as he left them.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That applies only if he leaves the original employer earlier than 180 days following the filing of the I-485. That also applies to all job changes prior to reaching the 180 day mark.
     
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  16. msr

    msr Member

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    Thanks Ron. Good to know that an applicant need not worry about establishing that the original job offer was a good faith offer if he leaves the original employer after 180 days following the filing of the I-485. In this situation after the applicant ports to self-employment, I'm sure USCIS will issue a RFE to slow down the case or to deny it altogether. Assuming that you have dealt with a situation like this before and helped your clients, what kind of RFEs can an applicant expect ? Sorry to ask so many questions but I just wanted to get an idea/clarity to pursue it down the road. Thanks for your patience, as always.
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    We have, but this isn't a problem. They have been quite reasonable. They want to see proof that the applicant is working in the same or similar occupational classification. We get letters from the people they are working with and that satisfies the USCIS.
     
  18. msr

    msr Member

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    Glad to know that USCIS isn't giving hard time to applicants who have ported to self-employment. Thanks for all the valuable information, Ron.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'd like to emphasize that we have a LOT of clients who have moved to self employment and not one of them has had any difficulties with the USCIS.
     
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  20. msr

    msr Member

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    That's very encouraging, Ron. Thanks for the update.
     

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