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Parth Prajapati

Can I open LLC on H1B while green card is pending?

By Parth Prajapati in Work Visas

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Crazy Cat Grand Master

Crazy Cat   41,865

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From what I have seen an H1b visa holder can participate in the new business as a passive investor only.  He cannot "do projects".  I have seen no articles which suggest otherwise. This question is more suited for a business attorney to answer. 

 

Edited by Crazy Cat

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Boiler Grand Master

Boiler   45,519

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He can once he has his EAD

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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His own LLC and projects for that do not constitute working for the H1B employer. 
 
https://ois.jhu.edu/Scholars_and_Employees/H1B/Maintaining_H1B_Status/
Work only for the employer and in the position for which your H-1B status was granted

Your H-1B is both employer and employment [i.e. job/position] specific, which means that you may only work for the employer listed on your I-797 approval notice in the position described in the H-1B petition. …

Honoraria and consultation fees paid by an employer other than the entity that sponsored the H-1B petition constitute illegal employment under USCIS regulations. For preservation of legal H-1B status, H-1B workers should not accept any offer of honoraria or consultation fees.

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igoyougoduke Experienced

igoyougoduke   1,656

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On 10/27/2021 at 4:09 AM, Parth Prajapati said:

Hello, 

Actually this is for my brother who wants to start drafting service LLC but he is on H1B visa and his employer has filed for his green card. He was confused because many google articles suggests that he can open LLC and do projects on his free time. Please advise. 

 

Thank you. 

answer is No

duh

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