Visa to co-found tech/computer company

[Old Dominion 26]

Intention to invest is not enough. Creating the business with the equal investments is Step #1 so that there is proof of intent. A legal document can be created to be sure you receive back your investment if the visa application fails, if that's what you want, and also made part of the business plan. Some written endorsement of the plan by the economic development office of your friend's city or county, because it will create jobs in the future, would really be helpful in supporting your visa application.

On the other hand, some of the most profitable businesses have been created only because of our global communications system, so your personal presence is not really necessary.

[Harsh_77 718]

This is my 2 cent, J1 or B is not an option for you, here is my reasoning.

1 - you will show the consular your are investing and a co-founder of the company, so then he would go why do you need a training ok you can go on B for limited time for your meetings you do not need to stay in the country.

2 - 30K is not a very big amount and if you are an investor in any of the company does not mean you have to live in that country to watch your investment.

3 - Like some one said if they start giving visa on investment of 30k half of India, Nigeria and China would be there with 30K.

4 - Best option for you would be H1b, but that too might run into some hurdles as far I know few years back you were supposed to send all your company details like pictures of your office, number of employees etc. Just you and your friend ummm does not sound much like a company, but a attempt to migrate.

I would say get a good immigration lawyer and he can be better help.

[startupguy 0]

Thanks for everyone's help.

It looks like we are going to pursue an H1B and have a local sympathetic company in a similar field (8 employee company) sponsor my entry. I'll be working for that company part time and doing the startup on the side with my colleague.

Do you know the minimum hours I could work to satisfy the H1B contract? I know you can specify a range of hours per week that the employee will work, but what is too low? I wouldn't want to work more than 20 hours a week at this company, as I would like to devote as much time to the startup as possible. If I worked less than what was stated on the immigration docs, and the company was audited, the company and I would get in trouble, correct? How often do audits happen? I know that an audit would want to make sure I wasn't getting improperly treated and underpaid (the thing is, I would love to minimize how much I work for the H1B company!)

Also, what are the restrictions on doing work outside of your H1B? Would our startup be able to pay me or would we have to have a less official payment method? Are there loopholes to this, if this is a rule (that I have to ONLY work for the H1B company) ?

[Boiler 45,467]

Would not work.

You can only work for the sponsoring company.

[startupguy 0]

Would not work.

Not sure its so cut and dry.

I am reading that I can incorporate and be a passive investor to my company (only a C-corp?) , just cannot receive wages from the company... Has anyone heard of this or know more details?

[Boiler 45,467]

You can certainly invest in the company, you could invest in any other company as well for that matter.

You can not work for the company. Which would include working for free.

The only loophole I can think of if it was work that was not normarily paid, there are certain volunteer positions that nobody is ever paid to do for example. Anything else you would need work authorisation.

[Abhay 15]

You cannot work for another company on H1B. You can volunteer for your startup but they cannot pay you!

[Boiler 45,467]

You can not volunteer.

[Harsh_77 718]

I agree you cannot just say I volunter for this company, when you clearly have financial interest in that company.

ICE / INS does not consider that as a volunter service, even though you are not getting paid anything by that company on paper.

There has been cases in past where people tries to pull this volunter thing and it has not worked.

They consider your service volunter, example you doing some work for Red cross during your free time or similar organization who are known to do volunter work in general.