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Am on H1- visa with an aproved I-140. I want to start my own…

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Hi I am Keshav...

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?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Currently I am an employee with GC filed. I want to start ,my own business . Can I go that on H1-B visa?

Submitted: 2 years ago.Category: Immigration Law
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1/31/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,640
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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