“1. can i form company keep her as employee.”---->Are you a US resident for tax purposes??? I assume that you are a US resident for tax purposes, then, you , as a resident /non resident alien (you can’t form S corp as a non US resident), can form a business entity,i.e., C –corp/LLC or etc. in US however it depends on the entity types, and subject to fulfillment of immigration requirements. For instance, you, as a H-1B visa holder who work for a company, can form a business entity in US however you cannot receive salary from the same entity. You cannot form an EE/ER relationship with any other entity until you get a petition from the current ER to work with other companies and get your H-1B issued from the new entity. However, the new entity should be eligible to do so. The important point to note here is that a non-resident alien can form LLC, C Corporation but not S Corporation. A shareholder of S Corporation must be either US citizen or a Green Card holder. she can work in your company as an EE provided that the company is active in her filed of study.An individual with a valid EAD can also start a business and work. EAD allows one to work as an employee and collect salary from the company.
“2. Can she form company on her name and work for it as employee.”---->Your wife, as a F1 Visa holder, can also create a business entity, but needs to form in the name of the person who has a valid visa(who can work legally and earn income), NOT in her own name. She can make investments in the business and can share profits. She can form C –corp/LLC but not an S corp. With OPT , she can work in her own company provided that the company is active in her filed of study. Her OPT doesn’t allow her to work in a company , even she owns it, if the work is not her field of study.
Last edited by Wnhough : 03-25-2012 at 04:53 AM.