Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am on H1B and wanted to start a business with my relative…

Customer Question
Hi , i am on...
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: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 9 minutes by:
8/2/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7,002
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

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.

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Hii , Jen you there ..?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year 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.

Ask Your Own Immigration Law Question
Customer reply replied 1 year 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 reply replied 1 year 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)
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year 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!

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.

an investment but not doing any daily tasks at all.

Ask Your Own Immigration Law Question
Customer reply replied 1 year 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 reply replied 1 year 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.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year 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.

Ask Your Own Immigration Law Question
Customer reply replied 1 year 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.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year ago

You mean that you can't work?

Ask Your Own Immigration Law Question
Customer reply replied 1 year 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
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year 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.

Ask Your Own Immigration Law Question
Customer reply replied 1 year 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
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year 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.

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7,002
7,002 Satisfied Customers
Experience: She has worked on all types of U.S. Immigration cases since 2007.

Jen Marie, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I am an Indian citizen with H1- visa currently and my
Hi, I am an Indian citizen with H1-b visa currently and my previous employer has filed I140 with July 2015 priority date. I have established a restaurant with partners who are either US citizens or pe… read more
Expert James
Expert James
Doctoral Degree
12,485 satisfied customers
I am a H1B visa holder and looking to invest as part of a
I am a H1B visa holder and looking to invest as part of a Limited Partnership to buy an apartment complex. I am going to be one of 45 or so limited Partners in the deal. There will be a couple of lead… read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
7,002 satisfied customers
I would need to consult an immigration lawyer who deals with
I would need to consult an immigration lawyer who deals with H1b visa business and employment issues … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
I am on L2 visa and my spouse is in L1B visa (Visa valid
FOR JudithHi,I am on L2 visa and my spouse is in L1B visa (Visa valid till Oct 2018). My spouse's company applied for a H1B visa too and his petition got approved under COS with a new I94. But now I g… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
What is the difference in the speed of getting a greencard
What is the difference in the speed of getting a greencard when marrying a GC holder versus marrying a citizen? Will a guy with 5 month expired visa be able to start a business in his name right after… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
I am on h1b and planning to open llc with a USA citizen
Hello, I am on h1b and planning to open llc with a USA citizen friend.we are buying a single family home property with cash for rental purpose and placing that property on llc for any liability issues… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
HiI would like to know if it is possible US citizen
Hi I would like to know if it is possible for a US citizen to apply for adjustment of status for their sister. What if the sister comes on a K1 visa and does not get married ?… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am an international working on an H1B visa in Houston, Texas.
I am an international working on an H1B visa in Houston, Texas. My employer has initiated my Green Card filing. I want to set up and LLC in the US. What are my options? I do not want to jeopardize my … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Hello, I am on an H4 visa. I wanted to know the following: 1.
Hello, I am on an H4 visa. I wanted to know the following: 1. Can I be a passive investor in a company holding 85 % shares of the company and rest 15 % owned by a partner, who is a US citizen? 2. I am… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
Im currently working in a s/w firm. My visa status is H1-B
I'm currently working in a s/w firm. My visa status is H1-B and my I-140 has been approved. I'm waiting for my priority date for my GC. The question is.. I'm signing up as a partner with few of my fri… read more
Expert James
Expert James
Doctoral Degree
12,485 satisfied customers
Hi, I am currently working in USA for some employer on H1B
Hi, I am currently working in USA for some employer on H1B visa. My GC is in progress but in early initial stages. I wanted to start a new LLC company in USA with my partner who is a US citizen. My qu… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am currently on H1B visa. Can I start a new business in United
I am currently on H1B visa. Can I start a new business in United States? If yes, are there any restrictions on what work I can do for my new company?, any tax constraints?, What type of company I coul… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am holding H1B currently and want to apply for green card
I am holding H1B currently and want to apply for green card soon. Does my current status allow me to invest in a small local business (~20% share) and receive K1 form for tax purposes? I am not going … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
for attorney JUDITH we saw in the last question, that it is
for attorney JUDITH we saw in the last question, that it is possible that the US embassy in my home country may allege that I was out of status for more than 180 days. But the examiner will still need… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Dear winktax, I am on h1b visa and came 2 yrs back. My greencard
Dear winktax, I am on h1b visa and came 2 yrs back. My greencard is currently started and on it's way. As i was very much interested to start something out, looking at some websites and general commen… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
hi... i am on h1b in US and i partnered with my friend..he
hi... i am on h1b in US and i partnered with my friend..he has a GC in a venture. I did not work in company.. My CPA issued me a K1 form for tax purpose.. do i need to get any specific type of K1. Rea… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Im a Canadian citizen working for a company in California
I'm a Canadian citizen working for a company in California under an h1b visa. I want to incorporate a company with an american citizen. Will I be able to transfer my h1b to this new company? how does … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hi, Im currently on F1 visa and in my opt period. I would
Hi, I'm currently on F1 visa and in my opt period. I would like to start up my own business. however, in June, my OPT period ends and I don't qualify for Stem extension. My Husband will be on F1 visa … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x