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Thread: EB5 Eligibility

  1. #1
    Yoda
    Join Date
    Jul 2011
    Location
    New Jersey
    Posts
    313

    EB5 Eligibility

    Moderators please move to appropriate thread.
    Decision for Investment while on H1.
    I understand we can't work on multiple or different jobs while on H1 and also can't do any business. And H4 can't work.
    Is there a possibility where we can invest in a friends business or extended family business? Can that investment be in the name of the H1 Primary or H4 dependent?
    What are the points to consider if the investment is in the name of H1 holder?
    If its on H4 Dependent's name, someone without a SSN can they still do the investment and get the year end W-2 based on the ITIN number and file returns accordingly?

    I know some may think, why not take the investment route and get GC :-), but the investment is small and doesn't live up the limits for that category.
    Appreciate all the guidance.

  2. #2
    Yoda
    Join Date
    Jul 2011
    Location
    New Jersey
    Posts
    313
    Moderators please move to appropriate thread. Tried creating a new thread but no response on that line.
    Decision for Investment while on H1.
    I understand we can't work on multiple or different jobs while on H1 and also can't do any business. And H4 can't work.
    Is there a possibility where we can invest in a friends business or extended family business? Can that investment be in the name of the H1 Primary or H4 dependent?
    What are the points to consider if the investment is in the name of H1 holder?
    If its on H4 Dependent's name, someone without a SSN can they still do the investment and get the year end W-2 based on the ITIN number and file returns accordingly?

    I know some may think, why not take the investment route and get GC :-), but the investment is small and doesn't live up the limits for that category.
    Appreciate all the guidance.

  3. #3
    srimurthy - let me start by responding to some basic things first and then once we get on same page - we can discuss further..

    Fact 1 - You can work on multiple H1 jobs if you hold multiple H1s. So if you have 2 H1s you can work for both of those employers. So lets say you are a computer programmer and a pilot and have first sponsored by Microsoft and second by Continental. You can work with Microsoft and Continental at the same time!!!

    Fact 2 - You can start a business while on H1 or any other valid US visa e.g. H4 or B1 or F1 or F2 etc. You can draw profits but not salary from your own business unless you are a citizen or have EAD/GC/H1 sponsored by your own business!!!

    So with those things out of the way ... now lets understand your question again please.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  4. #4
    Yoda
    Join Date
    Jul 2011
    Location
    New Jersey
    Posts
    313
    Thanks Q.

    I was looking from Fact 2 perspective and just drawing profit form the business investments I (H1) or the dependent on H4 can make.
    I knew I can have mulitple H1's from different employers and work on them while they are valid, but no that's not what I was looking for.

    Was only thinking of investing some saving into a business and can the profits be run a W2 year end either for H1 or H4 (and file taxes based on ITIN number since H4 doesn't have a SSN number.)

  5. #5
    It is absolutely possible. Just that I think (but not sure) it won't be a W2.... but will be something else. I think W2 is meant for wages as in employment.

    But short and sweet answer is anybody can open a business in US and draw profit from it as long as the business is legal.
    Quote Originally Posted by srimurthy View Post
    Thanks Q.

    I was looking from Fact 2 perspective and just drawing profit form the business investments I (H1) or the dependent on H4 can make.
    I knew I can have mulitple H1's from different employers and work on them while they are valid, but no that's not what I was looking for.

    Was only thinking of investing some saving into a business and can the profits be run a W2 year end either for H1 or H4 (and file taxes based on ITIN number since H4 doesn't have a SSN number.)
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


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