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  #1 (permalink)  
Old 12-15-2008, 09:52 PM
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Default On H1B GC process started, can I start a company in India

Hi,
I am on H1B, and my employer is starting my GC process. I have some ideas that I have long wanted to implement. I am wondering if I am legally allowed to start a company out of the US, and work for it? I will still be a US resident, while the company would be registered in India, and technically operating from there, as in the office space, rest of the employees (there are other people who I am working with, and they live in India).

The sales model would be online, so there is obviously no way to restrict US customers from buying from the product.

Is this legal, and can it be done without jeopardizing my GC application? And also in what cases can it be potentially be a problem?

Also if it can be done, what is the tax situation? Am I required to declare any income generated (long way though, but when it works!) in my tax filing in the US?

Thanks in advance for your advice
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  #2 (permalink)  
Old 12-15-2008, 10:11 PM
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isedkeem will become famous soon enough isedkeem will become famous soon enough
Default

Quote:
Originally Posted by sh_gc_aspirant View Post
Hi,
I am on H1B, and my employer is starting my GC process. I have some ideas that I have long wanted to implement. I am wondering if I am legally allowed to start a company out of the US, and work for it? I will still be a US resident, while the company would be registered in India, and technically operating from there, as in the office space, rest of the employees (there are other people who I am working with, and they live in India).

The sales model would be online, so there is obviously no way to restrict US customers from buying from the product.

Is this legal, and can it be done without jeopardizing my GC application? And also in what cases can it be potentially be a problem?

Also if it can be done, what is the tax situation? Am I required to declare any income generated (long way though, but when it works!) in my tax filing in the US?

Thanks in advance for your advice
I could be wrong but I think if all your income is earned in India, then you do not have an issue but if you actively earn revenue in the USA then you would need an EAD to do this. As always, best to talk to an experienced lawyer.
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  #3 (permalink)  
Old 12-16-2008, 09:24 AM
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solaris27 is infamous around these parts solaris27 is infamous around these parts solaris27 is infamous around these parts solaris27 is infamous around these parts
Default yes

Is this legal, and can it be done without jeopardizing my GC application? And also in what cases can it be potentially be a problem?

NO PROBLEM

Also if it can be done, what is the tax situation? Am I required to declare any income generated (long way though, but when it works!) in my tax filing in the US?

yes you need to report all income including india income.
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  #4 (permalink)  
Old 12-16-2008, 11:27 AM
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default why shoudl it be a problem:

Your GC process has no implications to ur fundamental rights as a citizen on india.
You can earn income in india, provided you pay the taxes there.

The logic is: The your entire company is physically based in India, and it is offering services in India, hence Indian laws govern.


Quote:
Originally Posted by sh_gc_aspirant View Post
Hi,
I am on H1B, and my employer is starting my GC process. I have some ideas that I have long wanted to implement. I am wondering if I am legally allowed to start a company out of the US, and work for it? I will still be a US resident, while the company would be registered in India, and technically operating from there, as in the office space, rest of the employees (there are other people who I am working with, and they live in India).

The sales model would be online, so there is obviously no way to restrict US customers from buying from the product.

Is this legal, and can it be done without jeopardizing my GC application? And also in what cases can it be potentially be a problem?

Also if it can be done, what is the tax situation? Am I required to declare any income generated (long way though, but when it works!) in my tax filing in the US?

Thanks in advance for your advice
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  #5 (permalink)  
Old 12-16-2008, 11:34 AM
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Default thanks for your input

Thank you all for your input guys..
I just wanted to make sure I am not inadvertently stepping into a mess. Your take on this is encouraging .
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  #6 (permalink)  
Old 12-16-2008, 02:45 PM
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Default

Also I am hoping I will be able to write software for that company ? ..
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