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Georgetown Lawyer
Georgetown Lawyer , Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Hello, I am from Ontario, Canada. I am in the process of

Resolved Question:


I am from Ontario, Canada. I am in the process of getting an H-1B visa to work here in the U.S. as a physician and also my employer has agreed to sponsor me for a Green Card.

I also have internet business, and need to discuss how this will affect my Green Card application.

1) My internet business is

it is an online test preparation service for the medical licensing exams of Canada and the United States. It has been online since 2008.

The business is officially registered in the state of Michigan, USA as an LLC (Limited Liability Company). I own 100% of it.

2) The business has a tax identification number / Employer Identification Number (EIN): 45-3698527

Last year, in 2012, the business generated a revenue of $554,000 and I paid over $83,000 in taxes to the IRS here in the U.S. for CanadaQBank, LLC.

3) I have ten (10) people who work for me. Due to the nature of the business they live in various parts of the world (U.S., Canada, Ukraine, India). My accountant issues 1099 forms to them each year.

Now . . .

I was doing some research today and apparently this business will be a problem for me when applying for a Green Card during the adjustment of status stage.

When I give my tax returns, the income I have generated from this business will be listed and that will be looked at as unlawful income.

I read that I am not allowed to run this business, while being in the U.S. on the H-1B visa.

I never knew any of this until today!

So I needed to discuss what are my options and work with you on a potential solution.

My initial plan is to cancel the registration of my internet business in Michigan and registering the business in Ontario, Canada, where I am from and my mother still lives. I can then open a account in Canada and use it to process payments and open a business bank account in Canada to withdraw funds. Also I can pay taxes in Canada for the business.

But, before I do anything I will need to consult with you and develop a clear strategy on how to proceed.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 2 years ago.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

Are you actually "working" in the business or are you just the owner with people working for you?
Customer: replied 2 years ago.

Hi Lisa,

thanks for your reply.

I guess I am doing both.

I am the founder and I run the business and behave like a 'CEO' would. I also have people working for me as independent contractors, for whom I issue 1099's during tax time.


Expert:  Georgetown Lawyer replied 2 years ago.
Thanks Asad, is it possible for you to turn over the running of the business to someone else and you take a more passive role? Also, are you paid a salary?
Customer: replied 2 years ago.

Yes, I could turn over the business to someone else. But who can that be?

My wife is here in the U.S. on the H-4, so that may not be an option.

My mother lives in Ontario, Canada and she could be a person who I could 'officially' turn the business over to.

I do not pay myself a salary, but I do withdraw the profits, into my bank account.

Expert:  Georgetown Lawyer replied 2 years ago.
Ok, thanks. If you can turn the business over to the person of your choosing (I can't tell you who it's up to you) and you take a passive role in the business and not be involved in the day to day running or operations (officially of course) and you are only being paid profits on your investment, then you would not be in violation of your h1b status.

H1b does not allow you to work for another company or receive any compensation for doing so. Receiving profits on your investment is ok. You are also allowed to do some "volunteer" work on occasion for your business. BotXXXXX XXXXXne is as long as you are not running the business or being paid a salary, profits on your investment and taking a passive role is fine.

So registering it in Canada would be consistent with your mother now "running' the business since she lives in Canada. Once you get your green card you can do as you please and work for as many companies as you please, with no restrictions. I hope this helps clarify.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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