How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Anne Your Own Question

Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1681
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Type Your Tax Question Here...
Anne is online now
A new question is answered every 9 seconds

Status = H1b Planing to start a company which will be developing

Resolved Question:

Status = H1b
Planing to start a company which will be developing the apps and doing some consulting business to US clients. The apps will be developed in offshore and will be sold to US clients
Question
1.Who will sign paper work with clients and cheques to withdraw money- Can i have my CPA manage this work as part time basis. If yes what paper do i need to have with my CPA for future immigration questions
2.What kind of company ( LLP or LLC or S corp or ..)
3.90% funds out of revenue will be transfered to offshore for development. What paper should be prepared to respond to any immigration or tax question
4.Can the new company pay for my rent and other applicable expenses
5.Can i indirectly work for the company . E.g Got a contract from client on my companies name and gave the same contract to my h1b sponser company and then working for the same contract.
6. Can i sponser part time visa to provide my thoughts actively to offshore developer in getting new apps developed .
7 . Can i have offshore person included in partnership. If yes than what paper is required
Submitted: 10 months ago.
Category: Tax
Expert:  Anne replied 10 months ago.

Anne :

Thank you for using justanswer.

Anne :

 


your H1B visa is ONLY good for employment by your sponsor.

Anne :

However, you can OPEN a C Corp (the only entity you may open under your visa)

Anne :

 


You can incorporate a company in any state of the US, but you need to have a foreign address. So incorporation is possible,


Anne :

You an start a C Corp, but YOU CAN NOT work for that company. You can only work for the company that sponsored your H1B and only the k ind of work specified in the petition. There is no deviation of any kind to this rule.

Anne :

 


However, you can establish a company and appoint a director or CEO to run your business. For someone who is just starting the Entrepreneurial dream, it is a serious obstacle. But, the positive side of it is you don`t have to kill your dreams or delay. You `can` participate in some restricted activities of the business, in the role of investor, but certainly not of executive nature.

Anne :

 


Many Entrepreneurs partner with Permanent Residents and/or citizens to start their businesses. They remain as passive investors in the business, but they can own everything (if desired) about the business and leave all the management to the rest of the team.

Anne :

In any case, the Corporation may not pay for your rent or other personal expenses, since this would be a violation (the rental and personal expense paid would be considered income from your Corp)

Anne :

if your CPA can't help you set up your C Corp, there are people and companies that specialize in creating corporate entities like this, even to the point of handling the filings, opening a bank account, and setting up a virtual office. If you search for "registered agent" online, you'll probably find dozens of them who can advise you in more detail

Anne :

 


I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.

Customer:

Hi Anne - I am unable to see response for all my question. I saw sometime back that you were typing and i saw some responses but now i am unable to see any response except the below one

Customer:


Anne says:

4:34 PM



if your CPA can't help you set up your C Corp, there are people and companies that specialize in creating corporate entities like this, even to the point of handling the filings, opening a bank account, and setting up a virtual office. If you search for "registered agent" online, you'll probably find dozens of them who can advise you in more detail






4:35 PM



 


I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.



Customer:

I can see only the below response

Customer:


Anne says:

4:34 PM



if your CPA can't help you set up your C Corp, there are people and companies that specialize in creating corporate entities like this, even to the point of handling the filings, opening a bank account, and setting up a virtual office. If you search for "registered agent" online, you'll probably find dozens of them who can advise you in more detail






4:35 PM



 


I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.



Customer:

Hi Anne -- Sorry i am a new user so trying to understand how to view the answers. I am unable to see any

Customer:

I got see the response now.

Customer:

Can you please advice on question 5,6,7 also answer to question 1 is unclear.. Can i do the paper work and sign cheque or do i need to have someone ( e.g my CPA as partime just to do this activity) ... Thanks for your help

Anne :

Question 1-Although you can not work for Corp, you may sign the paperwork with the clients and the checks.

Anne :

5-No, you can not work for the company at all

Anne :

6- I'm not sure exactly what you mean by this question. You should be able to provide your thoughts at any time, since you would own the company., Just be sure you don't get paid from the company for this.

Anne :

7-Since you can't have a Partnership, this is a moot point. However, you can have another person buy stock in your company.

Customer:

Sorry anne for responding late.. One clarification on Question 5

Customer:

.Can i indirectly work for the company . E.g Got a contract from client on my companies name and gave the same contract to my h1b sponser company and then working for the same contract.. The e.g is i am working(h1 sponser) with company X . I have a client Y who can do a contract with my new company Z. I will give the same contract to my sponser company X. In this situation i am not working for my new company directly. The payroll will be generated in company X. If this works than i will be able to generate revenue for my new company. Let me know if this the question is unclear.

Anne :

 


Every H-1B visa holder is allowed to work for his/her employer who petitioned the last H-1B visa. You may also own a C Corp as long as you don't work for them.............getting paid by your H1 employer for a contract that will also generate money for your Corp could put your H1 visa at risk

Anne :

 


One can then argue that working without getting paid is not engaging in gainful employment. However, you must remember that if the work itself caused the company to receive revenues which in turn will cause the H-1B visa holder to receive dividends, then USCIS can argue that such “work” was in fact gainful employment. I would be careful with this.

Anne :

Remember, you can only participate in the Corp in RESTRICTED activities.Generating money for the Corp, even if you turn the contract over to your H1 employer, and are not working for your company directly, but will, as you say, get money for your company takes you out of the "Restricted Activities) You must be careful here for your company, and for your H1 employer.

Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1681
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and 2 other Tax Specialists are ready to help you
Expert:  Anne replied 10 months ago.
Thank you for the accept and the excellent rating!

Please feel free to ask for me by name if I can help you in the future.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.