Can I start my own LLC while my H-1 Visa is being processed?
I'm currently on my F-1 visa. My employer has filed my H-1 and it was selected in the lottery and is currently under RFE.
In the meanwhile, I'm planning to form an LLC with a friend, who is a citizen. He will be the founder and CEO of the LLC and I will be a member.
My question is, will this affect my H-1 application?
Will USCIS have a problem with me being a part of the LLC?
2 attorney answers
You should consult with experienced Business and Immigration Attorneys to structure the LLC so that your you do not have any management control or duties that would jeopardize your visa status.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
You can certainly passively invest, however you will need to consult a CPA to make sure your returns are accounted for in a manner that does not offend your status. You will also have to consult your immigration attorney to ensure your responsibilities do not offend the same.
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