I'm on H1-B visa and my wife is on OPT/F1 (Will be applying for H1-B in 2015), We are planning to start a company along with one of our relative back in India. We will not be working or involved in any of the company proceedings, we will be partially investing using the financial resources we have back home. will this be legal to have the company on our name and have additional income?
Nothing prevents you from forming, owning or participating in another company in your native country - India. Whenever you decide to obtain immigrant visa in the U.S. from your current H1-B, you may need to consult with a tax accountant about possible tax implication. Good luck!
These are immigration questions and I have changed the category for you.
This comment is given for educational purposes only. No attorney-client relationship exists between us.
yes, absolutely and it has nothing to do with your current H-1B status in the US.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you are clearly not working for that company without authorization in the United States, then there is no problem. You can setup and own a company here, in India, or anywhere else.
As long as you are not providing any services from the U.S., it does not impact your immigration status here.
It's not a clear black and white issue. But generally speaking, as long as you are not "employed" by the home company and your participation is passive, you are not violating any US immigration laws.
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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