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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5240
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am on H1B and wanted to start a business with my relative

Customer Question

Hi , i am on H1B and wanted to start a business with my relative (who is a US citizen) , can i be a partner or make an investment. If yes , how can i receive profits from the business?
Would Filing K1 impact my visa status as i have my GC filled by my emloyer
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Customer: replied 2 months ago.
Hii , Jen you there ..?
Expert:  Jen Marie, Esq. replied 2 months ago.

You are allowed to start the business but you can only do it as a silent investment partner. You cannot do any work at all in the business.

The K1 is a fiance visa. I am confused about your question. Please restate it.

Customer: replied 2 months ago.
How do i make sure i am a silent partner?
What i mean was attaching a Schedule K1 form while i file my tax
Customer: replied 2 months ago.
Restating My Q: How can i receive my profits from an LLC ?
As i have to show tax on my profits .
The issue is if i show an income beyond my employer who is paying me , wont that be a red flag and affect my Green Card (which is in process, I-140 approved)
Expert:  Jen Marie, Esq. replied 2 months ago.

You are a silent partner by providing the investment but not doing any daily tasks at all.

You are allowed to show income beyond the employer paying you and it wouldn't be an issue for the GC.

Good luck to you and I hope this answer has helped you!

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an investment but not doing any daily tasks at all.

Customer: replied 2 months ago.
Thanks but the profits which i get would that be after the tax is paid by the LLC or the profits are distributed to the individuals directly and then the partners pay the taxes.? What forms do i need to fill to make it legal and have no issues from IRS ?
Customer: replied 2 months ago.
Plus any investment i make , can i legally put my name on it ? and is there a specific way to show that i am a silent partner , sorry but i want to make sure that i want to keep this legal and don't want to be shown as doing any active involvement by any means to the USCIS.
Expert:  Jen Marie, Esq. replied 2 months ago.

Yes your investment can have your name on it. You don't need to show you're a silent partner specifically. What I meant by that is that you can invest but you cannot do any work at all. That's all you have to do.

As to the rest- I'm sorry but I can only answer immigration related questions. Your additional questions are tax questions.

Good luck to you and I hope this answer has helped you!

Please kindly click "Finish by RATING" now and RATE me by choosing from the STARS. Don't worry, the question will NOT close and will NOT be finished. It stays OPEN after you rate me and I will continue to answer your follow up questions for you at no additional charge if you have any.

Hopefully you feel I have earned 3 or more stars for my service. This is very important. This is how I receive credit from what you paid. If you don't RATE , I receive zero credit for my time here.

Again, if you just have additional follow up questions that you would like to ask me, please ask me and I will be happy to clarify. Your satisfaction is my goal.

Any bonus you feel I earned is always welcomed and appreciated :)

If you have other NEW questions in the future, you can make sure that I am the one that answers it for you by writing the words "FOR JEN MARIE" in the beginning of your new post.

Customer: replied 2 months ago.
Can you please tell me which section/amendment of the immigration law does it state that i can work on H1B. This will help me to read that clause on my own and be satisfied. If you can send me the link that would be great.
Expert:  Jen Marie, Esq. replied 2 months ago.

You mean that you can't work?

Customer: replied 2 months ago.
sorry , can you please send me the link of the clause which says i can start a business or be a partner on H1B
Expert:  Jen Marie, Esq. replied 2 months ago.

You can read about it here in paragraph 4. https://www.washingtonpost.com/national/on-immigration-a-step-in-the-right-direction/2011/08/03/gIQA2bGgsI_story.html?utm_term=.1cb1a9fc19a3

" Under the previous interpretations of CIS rules, a highly skilled worker who is legally in the United States on an H-1B visa could start a company but could not work for it. "

I hope this helps and hope you can kindly issue a positive rating.

Customer: replied 2 months ago.
Sorry but a link of washington post doesnt bode well as a proof, it would be great if you could let me know from an official USCIS website . Thx
Expert:  Jen Marie, Esq. replied 2 months ago.

Please note this is actually legal research and is not normally provided as part of the service we provide here and the price paid because it takes much longer for us to find this for you but I wanted to be helpful and looked for something for you. That is the best I can find for you right now It is based on recent cases, not on a specific law.