Sunday, 27 July 2014

I am on H1B Visa . I own LLC, I am Single ownerI am still working for employer who filed my H1B. I have outsourced entire work to offshore c...

Question

I am on H1B Visa . I own LLC, I am Single owner

I am still working for employer who filed my H1B. I have outsourced entire work to offshore company. Payment gateway and business checking account are registered on my name. In essence I established LLC and outsourced work.

Am I in compliance with H1B rules? At the time of filing I-485 for Green card will this become a issue?



Answer

Yes, based on the very limited information you have provided, it sounds like you are still in compliance with your H-1B visa.

One can be a foreign national & own a U.S. company, they just cannot work for the company unless they have the appropriate non-immigrant or immigrant visa.

You should check with a CPA, since there might be tax issues involved.

I would recommend discussing this matter with the attorney representing you/your employer with your employment-based immigrant visa case, before your priority date becomes current.



Answer

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM



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