Can I open my own business on a side to my day job if I'm H1 visa holder here in US? Thanks!?

Question

I have H1 (work visa) and work in US. Now I have an idea for business and I'm wondering can I open my own small business and how it will affect my visa H1 papers (I also going for green card with my visa). I heard something about business social security number, would it helped me? Or is it just total different thing?

So what about LLC? If I will form LLC with citizen of USA.

In that case I would have to pay taxes for my extra income. As well as investing in stock market: I don't have to be citizen or resident to invest in stock market I just pay taxes for my gains or losses. Is it the same cause I just invest money and pay taxes from my extra income?

Answer 1

Generally, an H-1B can only work for the petitioner. Under section 101(a)(15)(H) of the Act, an alien may be authorized to come to the United States temporarily to perform services or labor for, or to receive training from, an employer, if petitioned for by that employer. It's not an catch-all classification that permits an alien to work for whomever he may want.

Self-employment is employment. The Board of Immigration Appeals ruled that "The word 'employment' is a common one, generally used with relation to the most common pursuits, and therefore ought to be received as understood in common parlance and includes the act of being employed for one's self."

Unauthorized self-employment is "unauthorized employment" within the purview of section 245(c). Such unauthorized employment bars an alien from adjusting his status in the U.S. to that of a lawful permanent resident.

Section 237(a)(1)(C)(i) Nonimmigrant status violators.-Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or to comply with the conditions of any such status, is deportable.

If you accept employment for someone other than the petitioner, or you start self-employment, you could become subject to deportation for failing to comply with the conditions of your status.

EDIT: Any income or loss of the LLC as shown on the return is passed through to the owner(s). The owners, also called members, must then report the income or loss on their personal tax returns and pay any necessary tax.

Members are the owner(s) of an LLC. Management of an LLC is vested in the members in proportion to their ownership interest in the company.

Do you really think that the conditions of your admission as an H-1B include being a member of an LLC designed to generate an income in the U.S.?

The entity's income and deductions attributed to each member are reported on that owner's tax return. When you go for your permanent resident visa, and they ask you for your tax return, the violation of your status will be discovered unless you submit a fraudulent tax return which is a prosecutable offense.

Answer 2

There is a visa for entrepreneurs but I think you have to have 5 grand. I'd check with an immigration attorney. There is an ITIN, I never heard of a business social security number.

Answer 3

The H-1B application replaced into created interior the 1st place using fact there replaced right into a scarcity of experienced and knowledgeable US workers for specific pastime roles. And that scarcity nevertheless exists at present. Employers employ H-1B workers for one in each and every of two motives, the two they can't detect a close-by citizen to do the pastime, or the U. S. voters that can do the pastime are being way too stressful in terms of revenues and residing standards. you need to understand that maximum agencies who employ H-1B workers are multinational. They deal in many international locations. As an entire, the corporation has to stay GLOBALLY aggressive. the only way it may stay globally aggressive is to maintain its workers globally aggressive, meaning they could have a worldwide common in terms of the revenues they call for and the abilities that they have. I hate to be the single to assert this, yet maximum human beings fall short on a worldwide scale so a techniques as their paintings ethic and abilities are worried. so as that they are much less perfect to employers than foreign places workers. the government forcing employers to employ US voters in basic terms will merely preclude agencies based interior the U. S. from being waiting to compete with agencies based in different worldwide places. which will not greater helpful your financial device, it is going to in basic terms make issues 10 situations worse.

Answer 4

You cannot. H1B means you are only allowed to work for your visa sponsor. When your I-485 (Green Card Application) is pending and when you get EAD (Employment Authorization Document) card while your green card is pending, then you can open your business. Once you use EAD to open your business, your H1B becomes invalid.

Answer 5

I have only heard of EIN (employer identification number) but not business SSN. Foreign businessmen(women) use an ITIN (Individual taxpayer identification number) from the IRS. In response to your question: I don't know if you can ot not.