Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

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1. How can I set up an LLC/CCORP company for a startup while on H1B?

2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?

 

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As long as you are only dealing with the USCIS and don't have to travel, I don't see any problem. The key factor is the employer-employee relationship, not the ownership.

H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India

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I am on H1B with company A and currently working remotely from India. Given US rules don't apply in India -

1. Can I work for company B which is based in India and whose payroll also runs in India?

2. Can I start my own company in India while being on H1B for a US company?

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The answer to both questions is that there is no problem.

Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140

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I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?

 

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The answer is largely No, except under limited EB-1C circumstances.

Can I omit a previous experience in PERM filing and I-140 transfer between companies?

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I have an approved I-140 with COMPANY A. However, I have recently moved to COMPANY B, and they have initiated the green card process on my behalf. I prefer not to include my experience with COMPANY A in the PERM filing with COMPANY B. My understanding of the terms with company A is limited, and I may encounter difficulties in obtaining experience letters and supporting documents from COMPANY A. Could omitting my experience with COMPANY A cause any potential problems when COMPANY B files the I-140 & PERM and requests the previous priority date from COMPANY A.

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There is no need to omit past employers.