Creating a Business in the US on an H1-B Visa? 103
GnaGnaGna asks: "I've lived in the US for almost a year now and have a full time position with a major American company under an H1-B visa (work visa for foreigners). Besides this job, I also run an increasingly popular website generating AdSense revenues. I am not sure if I am allowed to create a US company (most likely an LLC), under my legal status, and transfer the Adsense profits to my personal bank account or a business bank account.
Have my fellow readers faced a similar legal situation or know anything about it?"
As I'm sure eveyone else will say (Score:5, Informative)
But what should I know first? (Score:3, Insightful)
Re:But what should I know first? (Score:5, Funny)
Easy enough. Should take about five minutes and a couple hundred dollars. Fucking lawyers.
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That's what I do?
Cliff, come on.. (Score:5, Insightful)
-molo
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Worse... (Score:3, Informative)
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That's the account for Mr. Stalman's doo-wop quartet.
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Simple answer. (Score:5, Informative)
Lots of people do what you are describing, but it is definitely 100% ILLEGAL, and you will most likely be deported and banned if you are caught.
Re:Simple answer. (Score:4, Informative)
Re:Simple answer. (Score:4, Informative)
The issue here is that a company with one part-time employee (ie the one you are thinking of registering) may have a hard job getting an H1-B application approved.
I would talk to a lawyer, but you *might* be safe if you register the company in your own country, and not to the US -- Google will pay out to other countries??
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I'm on an E3 visa. This is almost identical to an H1B, only my wife is entitled to work as well (she can work for anyone, and has a funky little holographic card to prove it). She wants to start her own business in a similar way to what's described here. Would that be allowed? We thought it would be.
Yes, we'll talk to a lawyer, but most haven't heard of the E3 yet, and I want to waste as little money as possible.
Re:Simple answer. (Score:4, Interesting)
I'm not familiar with the H-1B, so it's also possible the terms restrict you from holding positions in your country while working here. I don't know and I'm not sure, but I thought I'd make the suggestion.
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The conditions as I understand them on the H1-B is that if you so much as mow a friend's lawn as a favour, you've just become an illegal immigrant. *ANY* work other than as specified by the visa is
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I doubt many employers would look kindly on there employees having outside jobs espesialy if you useing company resources to run said company.
Sounds like you're already breaking the law.. (Score:2)
Believe it or not (Score:4, Interesting)
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It isn't really so unbelievable. For all the huffing and puffing over illegal immigration, the crime itself is relatively minor. That's one reason I have to lau
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And thanks to the sluggish immigration system, a large part of the legal immigrants end up doing so as well.
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Illegals Kill 25 Americans Every Day (Score:1, Flamebait)
The illegal status is one issue, but the bigger problem is the crime represented by the illegal population.
On average, illegal immigrants kill 25 American citizens [house.gov] every day. That's more than soldiers dying in Iraq - that's 12-14 times the number of people dead since 9/11 than died on 9/11.
So, what's really a bigger problem, terrorism or illegal immigration?
Or are 9,
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So you're saying we should let in 25 immigrants each day to replace them.
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Those numbers are made up by people with an interest in skewing the results. There is no formal statistically sound basis for those claims. But you are quoting a fear-mongering politician, what do you expect?
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As I understand it the government has been prevented from keeping a close tally on this, so the numbers given are the best available data. Even if they're not exactly right it's still a problem. Even if it's off by an order of magnitude (900 instead of 9000) it's still a problem.
Let's say it is off by
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Yeah, prevented in the same way that atheism is a religion.
so the numbers given are the best available data
Crap is crap, it doesn't matter if it came out of a prince or a pauper, it is still just as useless.
Even if they're not exactly right it's still a problem. Even if it's off by an order of magnitude (900 instead of 9000) it's still a problem.
No, not really. Given the estimates of the number of illegal aliens in the U
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I'm going to have to give you that picture of the bunny with the pancake on his head. But to elucidate, it's clear that those in charge of the executive branch don't want to stem the tide of illegal immigrants and they set policy. Far be it from politicians to set policy that supports their positions.
Crap is crap, it doesn't matter if it came out of a prince or a pauper, it is still just as useless.
Numbers with error bars are better than putting o
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Aethism is no more a religion than not collecting stamps is a hobby. In other words there has been no law passed, no directive made, no active intervention that PREVENTS the collection of these statistics. Ev
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Wow! That you would equate being denied illegal entry to a country and burning at the stake is simply astounding. Enforcing immigration law is not a path to a police state, it's the rule of law which is the basis for our stable, productive society. There are plenty of anything-goes societies available on Earth if that's preferable - Somalia is especially good since it doesn't have a functioning governmen
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That you would equate illegal entry to a country with murder and vehicular manslaughter is simply astounding. See my original post about popping a vein because you just did.
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So when I say that illegal immigrants kill Americans, that's astounding but when you say stopping them is "burning them at the stake" that's, what, reasonable?
See my original post about popping a vein because you just did.
See, what I did was point out a logical non-sequitor in your argument. What you just did was an ad hominem attack. If I was interested in that I would have gone right for the link
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No neither are reasonable because they are the exact same argument. All I did was ape your own argument substituting different perps and different victims and you suddenly saw the light about how ridiculous your argument was, you just didn't realize it was your argument.
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Um, changing the subject and the object of a sentence changes its meaning.
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Lol, is that the best you can do? Cognitive dissonance must really have y'all shook up. The groups of people changed, but the severity of their 'crimes' did not, thus the meaning stayed the same.
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Using the numbers [from the same data] it would appear that you discount the 75% of Americans who are killed by non-immigrants as "OK"?
From comments on the article that I've linked:
Based on King's numbers, the vast majority of murders in the United States are caused by non-immigrants. So either we let in more immigrants--thus watering down the murder rate--or we start getting rid of bona fide U.S. citizens.
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Of course not. It doesn't follow that if you remove the illegal immigrants those people would be killed anyway. There's no daily quota on murder.
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Sorry, I hit submit by accident.... reading this article I see they're equating arrested murderers with murders. Those are two different numbers. If the murderer isn't caught he's not in the statistics. A good argument they could make is proving the immigration status of of those who weren't caught.
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These problems will exist regardless of whether or not you allow new people to populate your land
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You're making the classic mistake of confusing opposition to illegal entry with an opposition to immigration. I'm a huge proponent of immigration, and as we typically get the cream of the crop coming here legally, it improves our society greatly. You can check my comment exchange with an H1B worker from a few days ago if you're uncertain (on the H1B story). Heck, four of my great grandparents were immigrants. On the other side you have to go back
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Thats 12 murders and 13 road accidents, even if we believe the numbers that produced out of thin air with no citations. I see no reason to believe it because a politician says so - in case you did not know, it is not unknown for politicians to distort numbers, and these could be distorted in a number of ways.
Given how good Americans are at killing each other both by murder [usdoj.gov] and in road accidents. [driveandstayalive.com], the illegal immigrants contribution is no
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It may not be huge statistically but if it's > 0, it's unnecessary, and tragic for the families of those affected.
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A speeding ticket is a class B misdemeanor. Look it up. A "civil offense" is something you can get sued by a private individual for, a "criminal offense" is something you get a subpoena from a court officer, with bail, court appointment, fine, or jail time for. Criminal offenses are divided into midemeanors or felonies- the first
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I have looked it up. You are wrong. Here's one source out of thousands:
Most states don't have the jail space for illegal aliens, so in the past 30 years, even though it's officially listed as a FELONY, it's become in practice a MISDEMEANOR.
One of thousands of cites that disagree with you:
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Wow, I knew the East Coast was rather relaxed by Pacific Northwest standards, but I didn't know it was THAT relaxed! It said very clearly on my last speeding ticket that it was a Class B misdemeanor- no wonder people are surprised by Oregon's trafic ticket fines (which start at $88 for minor offenses like a light out, and can easly exeed $2000 for driving 100 in a 65 zone).
One of thousands of cites that disagree with you:
A misdeme
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Try WA, CA, IL, HI, and TX as non-east coast states where speeding tickets are civil. I am sure there are plenty more, those are just the ones where I lived and looked it up at the time.
And as for the NY Attorney General- well, he's not federal is he? NOR does he have anything to say about immigration, which is a FEDERAL offense, which in practice, is nothing more than a cite-and-realese, albeit release in country of origin.
Would y
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Well, I'm not real sure it is. But that's how the 1986 Amnesty deal was sold to the American citizenry- that they were going to let a bunch of people become citizens, and in return, from here on out they were going to arrest & deport every new illegal immigrant. Ok, after researching, I seem to have had it wrong. Giving an illegal alien a job [nytimes.com] was what was supposed to have b
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Hello? Who said it is unenforced? You just admitted that it isn't even a misdemeanor, it is a civil violation aka not a crime.
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Mainly guards at the border- who aren't even issued AMMO anymore. The Congress, which over and over refuses to adequately fund ICE enough to track people on visas to begin with and deport them when their visa runs out. The 200 prisoners of ICE sitting on their buts in an Idaho Jail, because they've figured out if they never fill out the form listing Country of Origin, ICE doesn't have the resources to find out where they came from, and thus can't deport them. The poor L
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Sounds like a damn good thing too. We would never stand for the police shooting people who commit other misdemeanors - if the cops shot a shoplifter or someone with an open bottle in public, that cop would be fired right away. As long as illegal entry into the country is classified as a misdemeanor, we had better not be shooting at them. And don't give me any silliness about drugs, because the DEA has plenty of ammo.
And you are so special
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The DEA isn't on the border- another deriliction of duty. The country that cannont contro
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And next tome you want to cite something, please don't yank a phrase out of context to prove your point. The full text of the conclusion of the "Opinion of the NY Attorney General" that you cited states (emphasis mine):
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I stand by my statement - you're both wrong (Marxist Hacker more blatantly so, but still...) In your original post, you wrote:
The last part of your initial argument there (which I've emphasized) is incorrect. I
You can create a corporation. (Score:1)
Oblig. South Park (Score:1)
Und naw hey tuk ar adsens!!
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Please show your support and sign up for the man-orgy below.
Standard response (Score:5, Funny)
[x] It is likely that many
[ ] That question is not applicable to geeks.
[ ] Wow. Who would ever wonder about that.
The consequences of following
[ ] Incarceration in a Federal Supermax Prison
[ ] Incarceration in a regular prison
[ ] Incarceration in "country-club" for white-collar criminals.
[ ] Large fines
[ ] Small fines
[X] Deportation.
Further consequences could be:
[ ] You may have to register your address for the rest of your life.
[X] You may never be able to [legally] enter the United States again.
[ ] You may be subject to the ridicule of your peers.
[ ] You may become an international pariah.
[ ] Find a new career. Toxic waste disposal sounds good.
Best of luck in your future endeavors!
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Sheez, you forgot the "federal pound-in-the-ass prison"
Re: Standard Response (Score:1)
Why a US Corporation? (Score:3, Insightful)
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"incriminating" question? (Score:1)
4 digits figure?
P.S.: What if the person holds his future lawyer in stock, and would like to l
offshore it? (Score:1)
Separate Visa program for business owners... (Score:3, Interesting)
Wuh oh (Score:3, Interesting)
Technically you're subject to immediate deportation for breaking the law.
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They also have a rule that if a job is technically one you COULD get paid for, you're breaking the law.
I know this because my spouse, waiting for years without being able to work while my GC was being processed, tried to find some way to not have a multiple year hole in her resume. We were told unequivocally even if she never collected a dime, if she "volunteered" at a non-volunteer position e.g. working a job even for no pay, we'd be outta there.
Pretty easy. (Score:2)
so isn't H-1B an "outdated business model" (Score:1)
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It is extremely difficult to become a US Citizen. Trying to attain citizenship while on an H1-B visa is a long and slow process, often up to 7 or 8 years. We should be letting people pursue citizenship more quickly, but we don't, at least if they are on H1-B status.