Can H-1B holder have his own business? Will it have a negative impact on the I-140 petition?
Answer:
An H1b visa is a non-immigrant visa. If you do anything that is involation of your status (such as opening your own business - which indicates permanency) you can be deported.
A non-immigrant (you) can open your own business under other visa catagories (such as an E visa).
I knew of a case where an F 1 visa holder (student) started his own at home business. He was deported.
Follow the laws and you will worry less.
What was your H1B work? Was it in Interior Design? Did you get certified?
I believe about 5 years ago in most states, you have to have a certification (unless you were "grandfathered" in).
Now if you had a partner, there is a possibility that your company could sponsor you.
Email me with details and I will check it out for you.
You're not legally allowed to own your own business on an H-1B visa. Your H-1 needs to be sponsored by a company and you cannot sponsor yourself. I'm not sure who did your H-1 petition, but they are obviously not your employer anymore and you are out of status. Your best option is to consult an attorney and see what you can do.
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