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H1-B Transfer to my LLC

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  • H1-B Transfer to my LLC

    Let me preface this post with some context: I'm 24, from England and arrived in the US on a H1-B visa in February. I graduated in August 2009 with a BSc degree in business & IT.

    I'm evaluating my options regarding my current H1-B status. I'm considering setting up my own LLC which would require occupation(s) identical to the one I'm in right now (sharing the very similar job descriptions, salaries, etc). My question is: could I transfer my H1-B to an LLC (that I own), effectively becoming my own boss? In this scenario, a company that I set up would be sponsoring a H1-B petition.

    I read an article when I was researching the H1-B process in late-2008 about a young Indian guy who (remotely) setup a company in the US and successfully sponsored his own H1-B visa. The rules may have been changed since then but if anybody could provide some input regarding my question, I'd really appreciate it.

  • #2
    I don't think you can work for your own company when you are in H1B. You can start a company. But you cannot be an active part of the company (work for the company). You can be a silent partner. You cannot be a CEO.

    Consult a immigration attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

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