Can found startup while in H1B?

Google
j2Dia3

Go to company page Google

j2Dia3
Feb 11 6 Comments

I'm on an H1B visa and I'm in the founding stage of a startup with two American cofounders. I would like to found and start developing this start-up while still being employed at my current company on H1-B.

From what I searched online it seems that I can register a LLC and own part of a company but I can't work for a company (not even my own startup) while I'm on the H1B at my current company. So I can't receive a salary or any compensation from that startup.

How to proceed then? Should I found a start-up with 33% equity and work on it while at my current H1B? Is this allowed?
#h1b #workvisa

comments

Want to comment? LOG IN or SIGN UP
TOP 6 Comments
  • Illumio
    CodeYard

    Go to company page Illumio

    CodeYard
    May be, if your own startup can file your H1-B and you still hold 33% of your company?
    Feb 11 0
  • You can be a founder/investor but you can not be officer/employee or do any work.

    Your involvement should be passive (only money).

    33% or 100% does not matter. It’s your role in company that may get you into immigration troubles.
    Feb 11 2
    • Google
      j2Dia3

      Go to company page Google

      j2Dia3
      OP
      How do I ensure my role in the company is okay? For example if I develop the architecture or the databases or the front end is that okay?
      Feb 11
    • Nope. Not OK. Should be limited to investor only.

      Alternative option is to get H1B sponsored by your startup or get EB-5 visa if you secure enough funding.
      Feb 11
  • What I heard is this is vey much possible. Some thing like - You need to show that the founding company has enough money in the bank to pay your h-1b minimum salary.

    Also lots of FUDs floating around h-1b on blind. Talk to couple of immigration lawyers.
    Feb 11 0
  • New
    kRHV67

    New

    kRHV67
    Don’t entrepreneurs get a different visa? I thought h1-b is workers visa..
    Feb 11 0