Can someone in H1B visa be a consultant or be partner (but not working)in a business in the USA or abroad without getting paid ?

Asked almost 2 years ago - Seattle, WA

I would like to know if a person can invest small amount of money, give helpful insight or advice to a startup software company without making any monetary income from it. The person on H1B will not work for this company in anyway other than providing advice and the initial funding to get it started. This is intended to start a business which will not make any profit next few years(and even in that case the person on H1B wont profit from it). But later on the person can be a partner in that startup company (once the persons visa changes). Currently funding and advice is all that is needed for that company. This company can be setup in the USA or outside USA.

Additional information

In that case its best for the person not even to do consultancy......just fund the startup and let it go the way the current people want it and then in few years once his GC has been processed he can get hold of the company as a partner. I hope in that case there are no legal complications. Also most possibly this company will be created outside USA.

Attorney answers (3)

  1. Tripti Sharad Sharma


    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues. It is best if that company seeks a part-time H-1B in your behalf.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyer agrees

    Answered . I agree with my colleague

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . If you are a consultant, by definition, you are working. While on H-1B, you are only allowed to work for the petitioning employer.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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