This is really two questions, I think.
1. Can an alien on an H1B visa incorporate or otherwise organize a company in the U.S?
2. Will doing so jeopardize my H1B or other legal immigration status?
I *think* the answer to 1. is Yes, and I suspect, unfortunately, that the answer to 2. is also Yes. Further, even if you can legally organize the company, I'm not sure you can legally do any work for it -- isn't your H1B visa limited to one sponsoring corporation? But I'm not a lawyer. You really need advice from a lawyer on these questions, not from a free forum. An immigration lawyer should know the answers in a heartbeat.
Categories: International Focus
Hi,
I have Indian Citizenship and would like to start/ register Consulting company in US. I am on H1-B. I am not sure if I can directly start/register company in US, I guess it's not possible. So I am planning to start/register company in India. I have my elder brother who lives in India and if required I can register company on my brother's name.
Can you please help me with the legal procedure on this. The main profile of the company is doing US Consulting.
--Meenal
Member
- member since: 11/06/2001
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- 31 forum threads started
- 1948 comments
August 1, 2007 11:32 AM
August 1, 2007 12:30 PM
I am not a lawyer so my answer could be totally wrong, but I did sponsor foreign employees through H1B before.
I believe you can incorporate a business in the US, BUT you can NOT do work for that business while on H1B visa.
I don't even think you can be an independent contractor. You can only be an employee of the sponsoring company.
August 12, 2007 8:46 AM
I'm not a lawyer either, but it would seem odd to me if you must be a US citizen/permanent resident to register a company in the US. Foreign companies set up US subsidiaries all the time.
The not being allowed to work for the company does make sense, since H-1B visas are tied to a specific company I believe.
August 13, 2007 12:21 AM
Corporations are "artificial" people, thus very different laws apply to them. They are not people taking other people's jobs. A corporation opening a U.S. subsiderary is considered to be making jobs.
September 30, 2007 2:38 PM
Thanks a lot for all your response.
I have registered my company on H1-B and now I would like to sponsor my own Green card through my own company and would like to be on my own companyÂ?s payroll as employee.
Can you please let me know will this be possible and what are the pros and cons?
--Meenal
October 3, 2007 8:01 PM
As a consultant, how would you respond if a client of your consulting business told you "I really don't need you, I can ask questions in this internet forum and people I have never met and who admit to know nothing about the intricacy of my situation will give me advice which I intend to follow"? Go get yourself a lawyer.
October 29, 2007 8:31 PM
Hi Meenal Is it possible to register a company in US with an H1 visa. I also would like to know about the proceeding to start a consulting company and the costs related to it. Is it posiible for you to pst it here.
Thanks in advance
Thanks a lot for all your response.
I have registered my company on H1-B and now I would like to sponsor my own Green card through my own company and would like to be on my own companyÂ?s payroll as employee.
Can you please let me know will this be possible and what are the pros and cons?
--Meenal
Hi Meenal Is it possible to register a company in US with an H1 visa. I also would like to know about the proceeding to start a consulting company and the costs related to it. Is it posiible for you to pst it here.
Thanks in advance
November 12, 2007 5:34 PM
Hi,
I have started my company in California USA and now I am moving to canada. Can anyone help me how my company will work? Can I transfer the company or manage my company from Canada?
Thanks in advance.
Hi,
I have Indian Citizenship and would like to start/ register Consulting company in US. I am on H1-B. I am not sure if I can directly start/register company in US, I guess it's not possible. So I am planning to start/register company in India. I have my elder brother who lives in India and if required I can register company on my brother's name.
Can you please help me with the legal procedure on this. The main profile of the company is doing US Consulting.
--Meenal
Hi,
I have started my company in California USA and now I am moving to canada. Can anyone help me how my company will work? Can I transfer the company or manage my company from Canada?
Thanks in advance.
November 14, 2007 4:20 PM
A couple of resources:
http://sbinfocanada.about.com/od/bizregistration/Business_Registration.htm
http://www.cra-arc.gc.ca/tax/business/menu-e.html
Lisa
November 14, 2007 7:39 PM
Different country, different rules. Essentially, incorporating in Canada means starting over - no transfer process.
You can incorporate as a provincial company or national company. Tax implications with each. Costs with each.
This is complicated too, by the fact, you are a non-resident.
Oh my oh my, you will need a good lawyer and tax accountant to set you straight.
Incorporating to do consulting will not expedite your entry into Canada. You will still have US immigration issues to contend with if you ever plan to cross the border to work. In fact, it can become harder if you are not careful.
---
Robert Dubicki
January 10, 2008 12:33 PM
Can you list me the action items to start a consulting company in CA? Actually now I got my EAD, and still my H1B is valid. Please help me to start the consulting company, I dont know from where to start????
Your help is really appreciapted.
January 12, 2008 8:06 PM
Hi Meenal,
Could you kindly share the information like procedure for registering a Company in US, what are legal implication, Fees etc You can send these info in my mail id, if possible please let me know. Hope to get a response from you
Hi,
I have started my company in California USA and now I am moving to canada. Can anyone help me how my company will work? Can I transfer the company or manage my company from Canada?
Thanks in advance.
Hi Meenal,
Could you kindly share the information like procedure for registering a Company in US, what are legal implication, Fees etc You can send these info in my mail id, if possible please let me know. Hope to get a response from you
January 12, 2008 8:13 PM
Hi gbragaspathy,
If you have any info on opening a company in US, could you share with me, your response would be appreciated.
Can you list me the action items to start a consulting company in CA? Actually now I got my EAD, and still my H1B is valid. Please help me to start the consulting company, I dont know from where to start????
Your help is really appreciapted.
Hi gbragaspathy,
If you have any info on opening a company in US, could you share with me, your response would be appreciated.
January 13, 2008 11:26 AM
There is plenty of information on the Internet for you to do your own research on how to start a business in the U.S.
If you Google foreign national start business in US you will get results.
Here is just one:
http://www.groco.com/media/pr_foreignnationals.aspx
You must hire an attorney and CPA to help you with the process.
Lisa
January 15, 2009 5:16 PM
Meenal,
Can you please let me know is it legal to register a company on your own name in USA, if your status is H1-B??
If yes, how did you do that?? I would really appreciate this.
Please do reply asap.
Thanks
Hi,
I have started my company in California USA and now I am moving to canada. Can anyone help me how my company will work? Can I transfer the company or manage my company from Canada?
Thanks in advance.
September 13, 2011 7:34 PM
You need to undergo a consultation brother...and an International Consulting would resolved your problem. It will help you a lot and give you knowledge and information if your status in starting up a business in US.
June 30, 2012 11:17 PM
Hi - Recently last year i completed my MBA and started our own consultancy. Now planning for Expansion.
We are into Man power service (Consultancy Business) In INDIA. Now
we are planning to start up in USA. Can you able to give some guideline to start in USA.
From INDIA Many More Man Power Recruitment Agencies are working for US company. Recruitment and Staffing also. We dont know how they are working from INDIA.
1) We have to register in US or Shall we contact from INDIA and start working for US company. We get business from US company or not.
2) Banking transaction: We need to open Bank Account in US or they can directly transfer facility to INDIA Account.
3) Please let me know that tax procedure in US.
4) If we have to register in US. Please let me know the procedure.
5) If you possible can you able to share your contact details on my mail ID. For Future suggestion.
View unverified member's comment - posted by Handa
December 30, 2012 12:35 AM
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January 2, 2013 4:10 PM
Meenal - Can you pls let me know the time and the cost involved in opening a firm ?
N hows the business going ?
April 16, 2013 2:26 PM
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April 16, 2013 2:30 PM
Hi Ratna - Can you share your details with me...I will let you know how the things work ?
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