I am on H1B Visa. Can I be a secretary in a company

Asked 8 months ago - 93036

I am on H1B Visa. I am working for my employer based in the USA. My brother has got a company in California, USA. He is a non resident. He wants me to appoint as the secretary for his newly formed INC firm. It is because he does not have to fly to the USA just to open a bank account. I will not be paid anything.I will also not get shares or anything like that.

What I am doing is a favor and that is it. My brother shall do a stand alone agreement with me in this regard. Is it all good in the eyes of law or Am I breaching any a clause in my H1B visa?

Attorney answers (4)

  1. Karin Wolman

    Contributor Level 16

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    Best Answer
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    Answered . If I understand you correctly, you are asking if you can serve as an unpaid Corporate Secretary of another new company which has no relation to your H1B job, in addition to your approved H1B employment, where you remain employed and are maintaining valid H1B visa status. IF that is the case, then it should be fine, and has no negative impact on your H1B status, as long as you are not physically going to its offices and running the day-to-day business.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an... more
  2. Carl Michael Shusterman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . For starters, H-1B visaholders must be paid at the prevailing wage.

    Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all... more
  3. Walter Lewis Haines

    Contributor Level 3

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    Lawyer agrees

    Answered . I think this question is more for an immigration attorney. The deal in this area I believe much more than an employment attorney would.

  4. Floyd J. Fernandez

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The important thing is that, first, your status as a corporate secretary is not a conflict of interest with a competitor company (possible labor law matter). Second, you do need to observe a strict non-activity status with your brother's corporation, and that, third, you continue in your job, with the pay and duties performed for your H-1B-sponsoring employer.

    All answers to immigration questions should not be taken as legally binding advice. If you have an immigration... more

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