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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28412
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Am on H1- visa with an aproved I-140. I want to start my own

Customer Question

Hi I am Keshav and am on H1-B visa with an aproved I-140. I want to start my own business LLC or Corp in my line. Is it legally possible without risking my GC process?
JA: Thanks. Can you give me any more details about your issue?
Customer: Currently I am an employee with GC filed. I want to start ,my own business . Can I go that on H1-B visa?
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Do you have a pending I-485 with EAD or are you still waiting for your priority date to become current?

It is highly unlikely you can have your own LLC petition your H1B. You have to turn over all control of the business to an independent person and you have to become simply am employee. Your ownership interest creates a conflict with being an employee as the business owner without divesting all control.

See this USCIS Guidance Memo on establishing an Employer/Employee relationship

http://www.ilw.com/immigrationdaily/news/2010,0114-h1b.shtm

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Judith