Can my Wife work in my business (I am on H1B and she on Student)

[dsarvaiya]

Hi,

I am on workpermit H1-B and my wife is on student Visa. I am planning to open a SCorporation with my friends (They are citizen) and let my wife work for the business.

She is on student visa, is it fine to do so and get salary in her name and then I file for Green card?

my personal email id is [email protected]

Thanks,

Dushyant

[orion]

No, not as long as she is a student on F1 visa.

[txh1b]

Even you on H1b, can have nothing to do with the day to day operations of the business. You can only be a passive investor on H1b.

Every F1 student should know the law about not working off campus.

[dsarvaiya]

Can I be partner with two other US citizens in an S corporation?

Can my wife do the same if she is either on H4 or F1 (Student) visa?

Thanks for your advice guys.

[kabkaba]

Both of you can partner (make investment) in the business, but both of you cannot work in that business unless you obtain separate authorization. Company may file a concurrent H1B petition for you and if the work is in wife's field of study she may apply for CPT or OPT authorization. Seek legal help before making any decisions.