Set up business in NY

Hi,

I used to do marketing/PR consultant in Toronto and was incorporated. My company still exists.

I'm now employed in NY on H1B visa. I am interested in using my free time to set up a business here that is similar to what I used to do in Toronto, but would provide service to US clients.

In terms of tax - and legal issues given by my H1 status - should I set up another company in the US (this might mean I need to pay both US and Canadian tax...)? Or should I continue to approach clients as a Canadian company (it seems to potentially cause clients some troubles if I require wire transfer payment to my Canadian bank acc... )?

Thanks -

Are you authorized to work outside your current H1B?

If not, you run the risk of violating your status. It doesn't matter where the money goes as you will be working in the USA without authorization.

I believe it's only for my current employer (unless I'm missing something here?)

I would like to make sure I'm running this business legally. According to your comment, what will be my options? Will I need to apply for another work visa for this?

Thanks.

Once you have one status, you cannot get another different one at the same time.

Setting up a business would require E status, severak 100K in investemnt, and US job creation.

So, in short, you cannot legally do what you are contemplating.

Appreciate your help Laws and Agnelson - and the another moderator AGN. I have been using this forum and you guys have been very helpful with your suggestions/advice. I read posts written by ppl who aren't so respectful, sometimes very rude - you should know you're doing a good thing here, helping people make well informed decisions.

AGN and AGNELSON are the same person as I am LAWS and LAWSRLAWS.
When they changed the website, we somehow lost access to our accounts so we made new ones. This new site is finicky.

"I read posts written by ppl who aren't so respectful, sometimes very rude - you should know you're doing a good thing here, helping people make well informed decisions."

Most people do not like my advice because it is not always what they want to hear, but sometimes reality hurts.