1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Query Regarding C Corporation On H1b Visa

Discussion in 'Start up company issues' started by Vamsi Kurapati, Mar 9, 2015.

  1. Vamsi Kurapati

    Vamsi Kurapati New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    I am on H1B Visa right now and formed a C Corporation in Texas and Currently i am the 100 % owner of the Corporation and I am the single point of contact of the company . My mode of business is IT Staffing and I am planning outsource the IT staffing Contract to some staffing companies back in India and my Question here is

    1) How can i open a Bank account on the Corporation name without having a Signing Authority ? Should the Signing authority must be Resident of United States who hold at least Green Card or Citizenship ?

    2) How to setup Bylaws for my company as i am the Single Point of Contact for my Company and there are no other persons identified to takeup any positions in my Company ?

    3) Can i hire someone back in India ( Foreign Nation ) as President who will manage the Day - Day Operations of my Company ?

    4) Going forward , Can i act of signing authority in my Own Company and mange the bank transactions ?

    5 ) What are my Limitations as H1B Visa Holder in Operating the C Corporation ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You should consult with counsel before you do any of this. Generally speaking, you should be able to run your own corporation without being an LPR.
     
  3. Vamsi Kurapati

    Vamsi Kurapati New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Ron ,

    Can i have an appointment with you to discuss the same ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    We don't handle corporate issues, only immigration.
     
  5. Vamsi Kurapati

    Vamsi Kurapati New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    "Generally speaking, you should be able to run your own corporation without being an LPR" , as you said , Can i work for my own company as i am holding my H1B Visa with a different company ? Will this not be an violation of my H1B Status ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    In theory, it's possible. You have to persuade the USCIS that the company will continue to function normally after you leave.
     
  7. Vamsi Kurapati

    Vamsi Kurapati New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    If i want to adjust the status to Perm , will this be an issue at that point of time ?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes it will. The sponsored employee may not have any direct or indirect ownership interest in the company.
     
  9. Vamsi Kurapati

    Vamsi Kurapati New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Correct , But will USCIS treat that i have violated my status on H1B Visa ( Since i worked for my own company ) when changing my status to permanent resident . I have heard such stories and I am skeptical working for my own company when i am on H1B Visa . Since you said that "In Theory its possible " , Can you please point me to the resources if it available to public .
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    There are a lot of materials on this subject on the USCIS web site. As long as you make a full disclosure, you are OK.
     

Share This Page