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Husband has a H1B visa how do I keep running my virtual business?

Asked by: Sharon - 19 May, 2011
My husband has been hired in the US on an H1B visa. The whole family is moving down from Canada to Ohio and I was wondering how do I keep running my virtual business. Can do it as an LLC and still work for my clients in both the US and Canada or do I need to just fold up shop? I would really like to keep running my business.
Answered by: Robert Kowalski - 20 May, 2011
Sharon,

First of all, since your husband is going to be present in the US on a H1B visa and I presume you will accompany him as a spouse, you should consult an immigration lawyer on the question on whether your husband's visa permits you as his spouse to operate a business in the US. I see no reason why it wouldn't, but again - this is immigration law question, so its outside of our scope.

Assuming that the terms of your husband's visa do not specifically prevent you from owning a business in the US, you could open an LLC and conduct your business through that entity. However (and again, this is a topic to consult with an immigration attorney), you need to make sure that any profit that you keep from that company is not recorded as earned income, but rather as a dividend or member distribution (and this is a question to ask a CPA :).

I hope my answer will help you at least choose the right direction to continue your research.

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