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1) You can establish a C-corp or an LLC
, just not an S-corp on an H1b. The issue is that under the H1b you cannot work for anyone but your corporate employer sponsor, so you can form the C-corp or LLC and you can manage it, but cannot work for the entity until you get your green card approved. If you are going to open a corporation
or LLC, then Nevada or Wyoming would be easier and cheaper overall and you can go through several companies in either NV or WY that will set up the corporation and for a small annual fee will have a mail address for an agent for service in those states, which you would need. If you do not actually work for the company until your green card comes in, you would not get in trouble with the H1b.
2) Your spouse with the EAD can work for the corporation/LLC and it can still be in your name as president or member of the LLC. So you can own the company and not work there and be a 100% shareholder
Here are some companies that can help set up your NV or WY LLC:
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