Registering company on h1b

[cup_saucer]

Hi guys,

I’m on h1b and my wife on h4 ead. I’m a contractor to one of the state IT department and my wife is full time state employee with state tax department.

Based on above situation I want to register company on my name and my wife as CEO as I can operate my own company. 
 

Since I cannot run my own company can I appoint my wife as CEO to take care of operations. Or change the ceo based on situations 

U might ask why not register directly on my wife’s name. My main placement potentially would be current state clients, if policies changes and there raises a conflict of interest point or there could be some things already. We will work with HR but just in case I want to do it this way ,so I can remove my wife as ceo and appoint someone to continue the business. I’m not in COI applicable situation as I’m contractor myself

I’m happy to discuss reason if you can spend few more mins on me. Since reasons are immaterial here, can I register company on my name?

[fasak_vachadu]

25 minutes ago, cup_saucer said:

Hi guys,

I’m on h1b and my wife on h4 ead. I’m a contractor to one of the state IT department and my wife is full time state employee with state tax department.

Based on above situation I want to register company on my name and my wife as CEO as I can operate my own company. 
 

Since I cannot run my own company can I appoint my wife as CEO to take care of operations. Or change the ceo based on situations 

U might ask why not register directly on my wife’s name. My main placement potentially would be current state clients, if policies changes and there raises a conflict of interest point or there could be some things already. We will work with HR but just in case I want to do it this way ,so I can remove my wife as ceo and appoint someone to continue the business. I’m not in COI applicable situation as I’m contractor myself

I’m happy to discuss reason if you can spend few more mins on me. Since reasons are immaterial here, can I register company on my name?

A big noo for you 

on wife you can play anything but don’t submit any profile to current working client or have a partnership with some whom you trust GC or citizen… like sleeping partner 

but all paper needs rasukondi 

conflict of interest vasthadi 

[cup_saucer]

My wife is full time employee with state. Not same department though. So conflict of interest osthadi emo ani. She is on fmla, can’t expedite and get the clearance also. 
 

na reference oka candidate place ayyelaga unnadu: he is on opt and it is my opportunity to grab him. He is cousin also. If I register company. I said I won’t take percentage but the expenses and taxes ani. So that’s why we are rushing for info 

[ARYA]

On 5/14/2025 at 3:57 PM, cup_saucer said:

Hi guys,

I’m on h1b and my wife on h4 ead. I’m a contractor to one of the state IT department and my wife is full time state employee with state tax department.

Based on above situation I want to register company on my name and my wife as CEO as I can operate my own company. 
 

Since I cannot run my own company can I appoint my wife as CEO to take care of operations. Or change the ceo based on situations 

U might ask why not register directly on my wife’s name. My main placement potentially would be current state clients, if policies changes and there raises a conflict of interest point or there could be some things already. We will work with HR but just in case I want to do it this way ,so I can remove my wife as ceo and appoint someone to continue the business. I’m not in COI applicable situation as I’m contractor myself

I’m happy to discuss reason if you can spend few more mins on me. Since reasons are immaterial here, can I register company on my name?

 

1. Can I register a company on my name while on H1B?

 

 

Yes, you can form (register) a company — LLC, C-Corp, etc. — while on an H1B visa. The USCIS does not prohibit ownership of a business. What is not allowed is actively working for the company without proper work authorization.

 

So you can:

 

• Be the owner or shareholder of the company,
• Attend board meetings (passive involvement),
• Not perform day-to-day operations unless you have explicit work authorization (e.g., via concurrent H1B or a GC EAD).

 

 

 

 

 

2. Can I appoint my wife (on H4 EAD) as CEO and have her run operations?

 

 

Yes. Your wife on H4 EAD can legally work and run a business, including serving as CEO, doing day-to-day operations, handling finances, hiring, etc.

 

In your setup:

 

• You own the company.
• Your wife is CEO and operator, fully authorized under H4 EAD.

 

 

This structure is compliant and common.

 

 

 

 

3. Can I change the CEO later if needed?

 

 

Yes. You can remove and appoint officers (like CEO) through standard corporate resolutions and updating documents like:

 

• Operating Agreement (LLC) or Corporate Bylaws (Inc),
• Board resolution minutes,
• State filings (if CEO/officers are recorded).

 

 

You’re in full control as the owner, so you can change leadership as needed.

 

 

 

 

4. Why not register in your wife’s name directly?

 

 

Your reasoning is valid and practical:

 

• If your primary clients are state agencies where she is employed, having her as the owner could trigger conflict of interest (COI) concerns.
• Registering under your name gives flexibility — she runs it now, and if needed, someone else can be appointed without changing ownership.
• You avoid the appearance of impropriety or COI by separating ownership (you) from employment (your wife).

 

 

 

 

 

Summary:

 

 

• You can own a company on H1B, but cannot operate it without proper authorization.
• Your wife can be CEO and run the business on H4 EAD.
• You can change CEO roles later if needed.
• Your approach is compliant, given your COI considerations.

 

[cup_saucer]

Thanks for the time.

thats a lengthy response 

[yogdenon]

I looked into this last year too — just forming an LLC or a C-corp is fine as long as you don't actively run the business or get paid. Company formation doesn’t count as unauthorized work, since you're not engaging in day-to-day operations. I used this guide from Vakilsearch and just filed the paperwork. No issues so far with USCIS when I renewed my H1B.

[syra]

Looks like PA state or Albany, NY

[CNR]

Placing candidates while working full time at same place is huge risk. You can do all that at different client but same client where your wife is working is huge risk. If someone figure out that your wife is ceo and you own company who hired candidates. Don’t mess your life, if caught misusing any public funds is federal crime, you and your wife will be in Jail.

Don’t ever siit where you eat

[Coconut]

Are you going to apply h1b for your cousin using this company? 
 

unnecessary headaches anna… have a sleeping partner who is on gc or citizen and you run the show Anna

[Deadp0ol2]

You might face troubles due to your wife as CEO to the company, who is in contract with the same client, where your wife is working. They suspect kickbacks like scams with the state client. asale Govt. client edaina teda osthe nuvvu undav nee company undadu 

[karna11]

telugu lo vesukoni savandiii post lu, ippati ki mana daridrala tho miller gadu football aduthunnadu