Legal Question in Immigration Law in California
I am working on H1-B VISA for a company. I have been asked by another company to join another company an adviser, with the compensation being equity in the company.
I am allowed to sign this adviser contract with the other company based my visa status?
2 Answers from Attorneys
As this would be considered to be employment, and H1B status is employer specific, it would not be a legal arrangement.
The new company should file an H1B petition for you. Part-time employment is OK, and it is OK as well to have multiple H1B approval notices: www.h1b1.com/concurrent.htm
Unauthorized employment can create problems for you in the future, should you be seeking employment based permanent resident status. A new H-1b, even if part-time, will require payment of W-2 salaried wages, at the salary level set by the Dept. of Labor. If you are a "silent" partner - a truly passive investor, a new H-1b would not be required and you would not be in violation of your status. Typically most advisor roles are going to run too far into productive work to meet that test however.
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