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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

Posted

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

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Posted

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.

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Asker

Posted

I am the Independent Business Owner. so it's like sole proprietorship

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

If you will not be authorized to work when on F-1, you will refrain from all work related activities.

Asker

Posted

I don't intend to do anything with that business once I return to school anyway. I just wonder if the stream of bonus and commission is still coming as the result of what I have done now, is it okay or i have to surrender it all?

Posted

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.

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Asker

Posted

I get paid as commission of customer's payment as well as bonus of having people in my down line. So is it okay? If people in my down line add people and my bonus raising, is it still legal?

Posted

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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