You should speak with an experienced immigration attorney. This investment would be prudent before you purchase a business.
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This is somewhat of a grey area, but the general consensus is that you'd be in violation of your H-1B status. It is worth discussing this and the possibility of an E-2 with an immigration attorney experienced in business visas.
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Probably not on H-1B but you should meet with an immigration attorney familiar with investment visas. E-2 does not work for you because India does not have an E-2 treaty. But EB-5 might work if certain conditions are met. Choose your attorney wisely, this is a higher level of sophistication than the regular employment-based visas.
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