Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv - Can I start my own business if I'm an H-1B visa holder?

FAQ's answered in The Economic Times NRI Helpdesk: Can I start my own business if I'm an H-1B visa holder?

Published by: The Economic Times: March 05, 2022

Question: I am working on H-1B as a software engineer and got my EAD as a derivative applicant. I registered for an LLC and would like to know if I can work for my own company. Can I hire people while still maintaining my H-1B with my current employer?
Since I registered the company What is my status now? H-1 or EAD. My friend is a GC. Can I be a partner to start a new company and hire people?

Answer: When you are a derivative applicant for a green card, you are permitted to start your own business. I see no problem with that. You can also hire other people for your company. But there appears to be a basic confusion in your question. Once you start using your employment authorization, you are no longer on H-1B status.

You can also be a partner in another company if you so wish, but your H--1B status would then become inactive and you would be using your employment authorization. That, of course, it's perfectly legal. Note that merely registering a company without doing any business or business activity does not violate your H-1B status in my opinion.

Read more by clicking the link below or the pdf attachment.

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Submitted by Shamni (not verified) on Sat, 03/12/2022 - 15:42 Permalink

Hi I'm currently not in US but I have a valid H4 EAD till Aug 2022. Because I have issues with my h1b spouse I'm not able to reenter US 1. Can I reenter US without my spouse H1b approval notice. 2. My company is ready to change my status from h4 to h1b. But can I do it when I'm not in USA.

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