Legal Question in Immigration Law in Minnesota
Is it possible to found a company being on H1B visa?
I am on H1B visa in Minnesota right now. I wonder if I can create a company (LLC
or Corparation) with my status.
3 Answers from Attorneys
Re: Is it possible to found a company being on H1B visa?
While you are working in H-1B status you must work for your H-1B employer and are not permitted to work for other organizations unless you transfer to a new qualified H-1B employer. You may be able to create an LLC separate from your H-1B status, especially if you are not working for this LLC. With regard to creating an LLC, you should speak to an attorney who is familiar with the state law requirements for forming an LLC. Again, you would not be creating an LLC "with" your H-1B status. It is advisable to consult with a reputable immigration attorney with regard to other employment based immigration options that you may have available, such as an investor visa, where you might be able to form an LLC and work for the company.
Please feel free to contact immigration attorney Cindy Scribe at 415.277.1900 if you need more information.
Re: Is it possible to found a company being on H1B visa?
Our Minnesota office has a Business Law section as well as an Immigration Law department. Please feel free to contact us for assistance with your situation.
Vincent Martin
Re: Is it possible to found a company being on H1B visa?
You can certainly do so. We have many clients that do this. Please note however that you cannot take a salary from that organization unless you first obtain an H-1B from/with it.
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