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home based business while on H1b visa

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  • home based business while on H1b visa

    Hello all. I have been thinking of starting a home based business. I am currently on H1b visa with a company and working for them. I still want to continue working with them but was thinking if there is any legal way to start up my own business from home. Any guidance on the legal issues would be appreciated. Also I want to start the business with one of my family members in India. It would be a joint venture. Thanks in advance

  • #2
    Originally posted by nehajani View Post
    Hello all. I have been thinking of starting a home based business. I am currently on H1b visa with a company and working for them. I still want to continue working with them but was thinking if there is any legal way to start up my own business from home. Any guidance on the legal issues would be appreciated. Also I want to start the business with one of my family members in India. It would be a joint venture. Thanks in advance
    I dont think that is legally allowed.

    This is my opinion not legal advice.

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    • #3
      An H-1B visa limits you to working only for the Employer who sponsored your visa. It is possible that working for yourself, out of your home, in addition to your H-1B employment, could be viewed as in conflict with the H-1B requirements.

      --Ray B

      Originally posted by raghvi View Post
      I dont think that is legally allowed.

      This is my opinion not legal advice.

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      • #4
        home based business while on H1b visa

        Thank you for your reply. What if the business is the online business. Would that make any difference?

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        • #5
          Originally posted by nehajani View Post
          Thank you for your reply. What if the business is the online business. Would that make any difference?
          No it doesn't. Even if the business is online, won't you be managing it while on US soil ? Will you not be using US resources such as internet, electricity, etc.

          Many folks do it and US immigration and law authorities may not have the resources or the inclination to pursue and prosecute them but they still are illegal.

          This is my opinion not legal advice.

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          • #6
            An online business would be considered "self-employment," which has the same income reporting requirement as working for your H-1B employer.

            Nobody will be looking over your shoulder to arrest you...but it's technically incompatible with your visa requirements.

            --Ray B

            Originally posted by nehajani View Post
            Thank you for your reply. What if the business is the online business. Would that make any difference?

            Comment

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