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Owning or Doing Business on H-1B

4 years ago By Chief Editor

Question details

Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.

Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?

Watch the Video on this FAQ: Owning or doing business on H-1B

Video Transcript

1. I do not see any problem with that.

FAQ Transcript

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Changing Status During a Pending Application - Authorized Period of Stay

4 years ago By Chief Editor

Question details

Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

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FAQ Transcript

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Guestbook Entry for Sushant Mantri, United States

15 years ago By Anonymous (not verified)

Name

Sushant Mantri

Country

United States

State

Virginia

Comment

Really great service with timely and helpful consultation. Rena has been very good coordinator and communicator. She has been very responsive and courteous at all times. Mr Khanna was also very helpful and was available whenever required. His expertise is always commendable. Thanks a lot for all your help.

Guestbook Entry for Rinchen W. A. Khampa, United States

15 years ago By Anonymous (not verified)

Name

Rinchen W. A. Khampa

Country

United States

State

Comment

Thank you for all your help!

Guestbook Entry for Dinesh Goel (Technovision), United States

15 years ago By Anonymous (not verified)

Name

Dinesh Goel (Technovision)

Country

United States

State

Comment

I have been very impressed with the thoroughness of work done by Rajiv Khanna and his team including Anna Baker and hence my professional association with them for last 5 years after using numerous law offices before. Rajiv's Law office has the expertise to handle tough cases and get them approved. Thank you Rajiv and Anna for the great work done.

Dinesh Technovision

Sept 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Substantial transcription for video

FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.

OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.

H-1B portability without a visa stamp

4 years ago By Chief Editor

Question details

I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.

Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.

So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?

Watch the Video on this FAQ: H-1B portability without a visa stamp

Video Transcript

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Guestbook Entry for Kalyan Vuthunori, United States

4 years ago By Anonymous (not verified)

Name

Kalyan Vuthunori

Country

United States

State

Comment

My H1B amendment case was very unique situation where it was approved for 3 times and now USCIS issued RFE. Rajiv S Khanna Law firms has very specialized skill they go very deep into the RFEs and make sure all aspects are covered. I got three years approval. I highly recommend Rajiv S Khanna law firm.

Sept 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQs: Priority date and original I-140 approval notice || Staying with the same employer for 180 days after I-140 approval|| Green Card holder stuck outside the US for more than a year|| Salary reduction on H-1B.

OTHER: Lawsuit for delay || EB-1C Consular Processing|| H-1B withdrawal by old employer, etc. || H-1B approved, current visa options || Section 319(b) naturalization || H-1B transfer after visa denial || Arrest for Marijuana || L-1A number of employees || Transferring H-1B with a copy of approval || L-1A for a newly acquired company || Filing green card on H-4 EAD || Supplement J issues, etc.

Unstamped H-1B Quota Exemption

4 years ago By Chief Editor

Question details

I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

FAQ Transcript

The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.