If I’m on F1-OPT with a full time employment and want to set up my own business, how can I do that?

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If I’m on F1-OPT with a full time employment and want to set up my own business, how can I do that?

Asked on June 7, 2015 under Immigration Law, Michigan

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can set up your own business but you are not allowed to derive an income from that business beyond the OPT EAD time so it probably does not have too much prospect for income purposes beyond that OPT time.  Perhaps, once your OPT expires, your company could try a H-1B on your behalf, provided the company has an income stream that could support your prevailing wage salary and the position would be in a specialty occupation.


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