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F1 student LLC signing authority

Pierre, SD |

If I am establishing an LLC on F1 visa while my work authorization is with company "X"

1) How frequently Articles of Organization and Operating Agreement can be changed ?

2) Can I have a contractor working for another company have as a signing authority by establishing a corp to corp relationship with the second company so that that company provides me the signing authority ?

one more question, Are there insurances I take to ensure LLC is not loosing all its assets in case of any issue ?

Attorney Answers 5


  1. I have noticed several questions along this line. You may be taking a significant risk. F-1 status is not intended to be used as an investor visa. It does not permit self-employment. Just because it may be possible to do each of the things you ask, when you ask them individually, that does not mean that they are a good idea, when put together. You should seek the advice of someone who will understand the whole picture, so that they can advise you.

    US immigration law is complex. The facts of each case determine what laws apply. Since I do not know enough about your case, this is only a thought and not legal advice. You should not rely upon it without confirming with someone understanding your full situation. It is a good idea to seek the assistance of a professional immigration advisor, and to give the person a full understanding of your background and immigration goals.


  2. I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. You should consult with an attorney in person to make sure you are not violating any term of your F1 visa.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  4. You are only permitted to be a passive investor while on an F-1 Visa unless this is considered your OPT in which case it has its own limitations.

    I advise that you seek the help first of an immigration lawyer, then you can perhaps contact a business lawyer such as myself for some guidance on setting up the proper way.

    Keep in mind as well, we as attorneys cannot assist you with subverting the law. That is, you cannot do indirectly that which you are prohibited from doing directly.

    Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  5. You are about to "stretch" the envelope of your F-1 visa status and on the whole about to embark in impermissible activities, in violation of your F-1 status. Immediately consult with a local immigration lawyer familiar with investor visas and other business issues.

    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.

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