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Starting Business On F1-opt

Discussion in 'Special visas for entrepreneurs/inventors' started by vinay697899, Sep 17, 2015.

  1. vinay697899

    vinay697899 New Member

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    Hi Ron:

    I am on my OPT period as International Student from India. I want to start a business(Sole Proprietorship with no employees) related to my major, because my client want to send 1099 to company instead of me. Company wants to do 1099 to business name and not to me.
    I understand from my college DSO and on-line forums, I'm eligible to start a business on opt and can have the clients do 1099 to my company being on F1- OPT.
    But I don't have clear idea about the immigration issues involved in this process now and going forward. Please suggest if any of these conditions will jeopardize my immigration status in this country.

    Please find the my questions related to this.

    1. Should I must work for my own company if I start the business related to my field of specialization or am I allowed to work for some other company on W-2 simultaneously while working for my client and receive the money on 1099 to the company.
    (i.e., Can have W-2 from one company and 1099 to my own company simultaneously)

    2. If I want to work for my company, am I eligible to work on my OWN company payroll or I'm just owner of the company and can't work for my company?

    3. Do I need any kind of special permissions to start the company(related to my major) as Sole Proprietorship with no employees) being on F1 - OPT.
    ( I have registered company name in the county already. Next Steps: Apply for Fictitious name and advertise in the newspaper. After 4 weeks of advertisement I will take that form to bank and establish corporate account and provide the details to client to do 1099 for my company). Will this would be sufficient or Do I need any additional permission because I'm on F1 Visa- OPT ?

    4. I know being on OPT, I don't need to pay Social security and Medicare taxes. Starting a business will make me pay self employment taxes or any other taxes associated other than Federal and State taxes.

    5. What happens when I travel to India on OPT, will there be any questions at port of entry about my company on my return which might jeopardize the immigration status.

    6. End of my OPT or when I converted to H1B, what are the steps need to taken by me to close the my business/company.

    7. I completed masters in Illinois and opened business account in California, will I need to consider anything else due to different immigration laws exists for different states.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should speak with expert immigration counsel. My initial take is that you can't do this.
     

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