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Hi,

First of all , I would like to thank to the founder of this site ...

My question is reagarding the legal issue ... i am about to graduate with a PhD and want to start my own web startup, I have my website ready ... the problem is,I neither have a citizenship nor I am a permanent resident (green card) ... I am on F1 visa which is also about to expire ... in this case can I still start my company or not? If yes, how ?? I read some other forums and came to know I can start a company and pay the employees also but can't earn anything from the company if i m an immigrant ... is it true ...
I am originally from India and also not sure I can do this on E2 visa ...

any suggestion would be really helpful ... i don't wanna wait for 3 more years until I get my green card ...

Tags: f1, immigrant, startup, student, visa, web

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Option #1) When you enter the US on a student visa, you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in here in the US (plus an additional 30 days to depart). So one option for you is to “maintain” your status as a full time student so that you many legally remain in the US, and double up with your business startup. Depending on the classes you elect to take, this should be easy.

Option #2) You mentioned the E2 visa. Nationals of India are not eligible for the E2 visa, as India does not have an E2 investor treaty with the US at this time. So another option for you is to obtain an H1B visa by finding a job with an H1B visa employer in the US. The employer then sponsors you and applies for your visa on your behalf. It is then typically valid for up to 6 years. Also, since it is a “dual intent” visa, you can apply for a Green Card while on that visa. Take advantage of your university resources to locate a H1B sponsoring employer.

As you are entrepreneurial and have valuable skills to bring to the table, an ideal situation for you would one where you find a small US business owner who is in the same (or symbiotic) industry as your startup. Think: what US citizen do you know who has or could start a business and then bring you in? That existing or new business owner would “employ” and sponsor you (you could reimburse any costs). You grow your company within his/her company. As the business owner, he/she gets a piece of your business. Everybody wins.

Note: If you plan on joining a newly created business instead of one that has been operating for a while, the new business should be formed as soon as possible to establish its history for a number of reasons: namely credibility and obtaining financing. It's as easy as forming an LLC and opening a bank account. Don't delay!

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Hi .... thank you very much for your time and suggestion. I think I can continue as a full time student till next year. Can I open my company while I am a student?

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You asked if you can “open” your company while you are a student. Yes, you can form your LLC while you are a student. However, as for “working”, here are the general restrictions for working on an F-1 student visa:

1) On-campus: You may work up to 20 hours per week during the school year (40 hours during vacation periods) on campus as long as you are enrolled in school.

2) Off-campus CPT: You may apply for “Curricular Practical Training” (CPT) to gain work experience in your major field of study while being a full time student. Here, you must receive academic credit or your work must be required as part of your degree. You are limited to 11 months of full-time work.

3) Off-campus OPT: You may apply to do “Optional Practical Training” (OPT). Like CPT, OPT is limited to work in your major field of study. You are allowed 12 month total per degree level and you can do your OPT after you graduate.

Your university office for international students should have information and applications if you choose to pursue CPT or OPT.

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