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F1 visa with MLM business is not allowed. What should I do?

San Francisco, CA |

I am on my OPT now, and I have a MLM business. Next year I'll become full time student for my master, and I don't want to abandon my business. Is it okay to keep it but doesn't have new customer or recruit new people and not getting any payment?

Attorney Answers 4

  1. Actually, you can receive payment from your down line. But, you may not do anything else.

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  2. Was this founded as a company or sole proprietorship?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

  3. You can receive profits, but not a salary. Please see Bhakta v. INS (9th Cir. 1981)

    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.

  4. Most of the MLM payouts are profits and bonuses, as such you should be ok. If you are worried, meet with an attorney and explain different ways you are getting paid.

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

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