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Currently I am on OPT work visa and I have Started LLC As a foreign Investor so how can i work for my business?

Texas City, TX |

I did master here than i received OPT for 1 year. Me and My brother started LLC As a foreign Investor Since i am on OPT visa so can i work for my company if so Than can i get pay? How does it work? How can i apply for h1 visa next year? Please advise me,,

Attorney Answers 3


  1. This is primarily an immigration question, not a business question. I have added tags that will indicate this. My understanding is that you cannot work for your own business even with a work visa. You must be employed and supervised by a qualified US company. This is a very sophisticated question that may require a consultation with an immigration attorney, a business attorney and possibly tax attorney. Avvo may not be the proper forum for this question.

    Good luck!
    Phillip M. Smith Jr.
    Los Angeles Tax & Business Attorney
    Licensed in the United States Tax Court
    www.culvercitytaxandbusinesslaw.com
    www.corporateattorney.com
    www.worlclasslawyers.com
    Main: 323-292-4116 ❘ Cell: 562-505-1004

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.


  2. With an E-2 visa as the managerial employee of an E-2 investor (your brother), yes. Otherwise, no.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. I concur with my colleagues. You need to show that you have invested a substantial amount of money in the venture in order to obtain an E visa. In any case, you need to work with an immigration business attorney. Best

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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