I am on H4 EAD visa and started a company and now I would be switching to H1b visa soon and I would really appreciate if you provide me with answers to following questions
1. I filed my application in H1b COS from H4 is there a way that I can put my H1b on hold as my H4 is expiring in 2021 ?
2. Can I make a citizen as a operating partner of the company to continue business ? I would not be able to hire him on a payroll but a partnership agreement should work ?
3. As a silent investor what possible duties would I be able to do with respect to the company while on H1b ?
I would appreciate if any help is provided please.
Guidance: Engage a competent immigration attorney to represent you in this matter.
General observations: You are on H4 and having EAD until you are no longer on H4 or EAD expires, whichever comes sooner. You are on H4 until your status chances to H1B and not before. Once it chances, you are only allowed to work for the H1B employer and no one else. Unlike with H4 EAD, which is open market employment authorization, H1B provides employment authorization only to work for the petitioning employer and in some cases employers. H1B is not available in self employment or entrepreneurial situations.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
1) Talk to the attorney filing the H-1B
2) Discuss options with an independent counsel
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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