08-09-2007, 03:18 AM

Hi,

My spouse is on H1B now. Can my spouse start a small business ?

Is it legal ?

Is anyone started business on H1B, please advise me.

Does my spouse need to report to the employer ?

Will the background check would show the business details as well ?

Thanks

08-09-2007, 05:52 AM

hitousa wrote on 08/08/07 19:18:

> Hi,
>
> My spouse is on H1B now. Can my spouse start a small business ?
>
> Is it legal ?

To start a business, yes. To work for the business, no.
*All* work, paid or unpaid, requires the appropriate work authorization.
The H1 allows her to work for her employer *only*.
On H1, a person is essentially limited to being a passive investor.

-Joe

__________________
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

08-09-2007, 06:02 AM

> Hi,
>
> My spouse is on H1B now. Can my spouse start a small business ?
>
> Is it legal ?
>
> Is anyone started business on H1B, please advise me.
>
> Does my spouse need to report to the employer ?
>
> Will the background check would show the business details as well ?
>
> Thanks

My understanding is that he could OWN a business, but he can not do any
work FOR the business.

Rene

08-09-2007, 05:01 PM

On Aug 9, 3:18 am, hitousa <member44...@nomx.britishexpats.com> wrote:
>
> My spouse is on H1B now. Can my spouse start a small business ?
>
> Is it legal ?

Yes, as long as he doesn't do any work of any sort, paid or unpaid,
for the business. Some people interpret the act of hiring staff to be
work for the business, which makes it very hard for him to start a
business alone in practice.

> Does my spouse need to report to the employer ?

I don't know what you mean. He needs to continue to work for his
employer under the terms specified in the H-1B and the LCA.

> Will the background check would show the business details as well ?

What background check?