Can H-1B holder have his own business? Will it have a negative impact on the I-140 petition?

Question

I'm in H-1B status and just recently my LC got approved. I have my own interior design business and I'm lawfully paying all my taxes. I am now in the process of filing for my I-140 and I was wondering if my business will affect USCIS's decision, or whether they will even find out about it.

Answer 1

An H1b visa is a non-immigrant visa. If you do anything that is involation of your status (such as opening your own business - which indicates permanency) you can be deported.

A non-immigrant (you) can open your own business under other visa catagories (such as an E visa).

I knew of a case where an F 1 visa holder (student) started his own at home business. He was deported.

Follow the laws and you will worry less.

What was your H1B work? Was it in Interior Design? Did you get certified?

I believe about 5 years ago in most states, you have to have a certification (unless you were "grandfathered" in).

Now if you had a partner, there is a possibility that your company could sponsor you.

Email me with details and I will check it out for you.

Answer 2

You're not legally allowed to own your own business on an H-1B visa. Your H-1 needs to be sponsored by a company and you cannot sponsor yourself. I'm not sure who did your H-1 petition, but they are obviously not your employer anymore and you are out of status. Your best option is to consult an attorney and see what you can do.

Answer 3

IRS won't care how many roles you have as long as you pay your taxes. although, USCIS could be unpleasantly stunned in the event that they locate out (e.g. in the event that they ensue to request your tax returns to your green card processing and so on). H-1B visa situations purely enable you to artwork for the corporate that filed your H-1B application. working everywhere else could effect in cancellation of your visa and deportation.