There's no option to freelance while on an H-1B visa and the options to work for another entity concurrently - that is, to get paid by another entity - are very limited and self-employment is generally prohibited. That being said, preliminary steps to create a business or to volunteer for a non-profit are allowed.

Thanks! Can you please provide any further links (or keywords to search for) regarding the 'preliminary steps' that are allowed?

Thank you! I was going to ask the same question.

Also, once the business set up..what if it generated profit as h1bs are not allowed to get paid by other entities..

Really complicated and nuanced stuff unfortunately. What's clear is that one can incorporate, get office space, build a product, and even get funding and that one can't get paid cash for work done. Everything else in between is nuanced, such as generating revenues if not taking a draw or cut. I'd be happy to talk this through with you and anyone else but my general approach is that once the business is real (not a great definition, I know) and not just a hobby or side project, one needs to get work authorization.

Thanks for doing this, Peter.

My I-140 is approved and my wife has an EAD. Are there any restrictions that would prevent her from opening an LLC and getting paid for her freelance work through it?