C Corp on the H1 B Nevada

[atchayya]

Hi Guys-

I want to know if a person on H1B from India (non resident alien) can form a C Corp and(or) LLC? (what the eligibility requirement)

If he form a C Corp or LLC is he eligible to file the H1 B for the new employees he might look forward to hire? (specially he is having his Green card getting processed?)

Thanks

Atchayya

[Pattymd]

This question is really beyond the scope of this particular forum. I suggest you post your question in the Business Law or Immigration Law forums elsewhere on this site.

[BSPCPA]

First off, if you are on an H1B visa from India you are probably a resident alient vs. nonresident alien. You can read about the general diffferences here http://www.irs.gov/taxtopics/tc851.html

I am aware of nothing that would prevent an individual with an H-1B Visa from forming a C Corporation or an LLC. However, you need to be very careful if you will be doing any work for this business, as you will need an Employment Authorization Document (EAD). My point: H-1B Visa is employer specific. It does not allow you to work for anyone you wish.

I am also aware of nothing that would prevent your newly-formed C Corporation of LLC from applying for H1B Visa's for employees you plan to hire. One of the first steps in the H-1B process, however, involves submitting a Labor Condition Application (LCA) to the Department of Labor (Form ETA 9035). The LCA contains a number of important employer attestations regarding wage rates, working conditions, displacement of US workers, etc.

I have tried to give you some general information in response to your questions. However, you have asked some very broad questions that have far-reaching tax, labor, and business law ramifications. You really need to consult with a qualified professional in your area.

[Pattymd]

Originally Posted by BSPCPA

However, you have asked some very broad questions that have far-reaching tax, labor, and business law ramifications. You really need to consult with a qualified professional in your area.

Which is why I never answer these questions.

[BSPCPA]

Pattymd: Which is why I never answer these questions.

And here I was thinking it was because you didn't know anything about the H-1B Visa program.