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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 115452
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have an LLC in the states and a Private Limited company

Customer Question

JA: Hi. What is your issue regarding?
Customer: I have an LLC in the states and a Private Limited company here in India. Currently i am in India working on the Indian Company and would like to include one of my friend as a member on LLC and get things done in the states through him. He currently has B1 visa status and no SSN. How do i proceed?
JA: Can you tell me what state the LLC is registered in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: nothing
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Business Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you looking to get him sponsored for a work visa by your LLC?
Customer: replied 10 months ago.
may be and he currently has a B1 visa and besides that i am the founder of the Indian Private Limited and the US LLC.
Customer: replied 10 months ago.
But we have a EIN though.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Well, if you make him an actual member of the LLC in the US, then you could not sponsor him for a work visa, because a company cannot self sponsor an owner. So, keeping him as not being an owner of the LLC and making him an employee would allow you to apply for a work visa for him to allow him to work in the US. You can make him a member of your private Indian company, but not the LLC and you can send him to work in the US as an employee of the LLC and not an owner of the LLC. Of course, you would need a US immigration attorney to file for the work visa, but that would be the best way to do what you are seeking to accomplish and paying him as an employee. Once you get him his visa in the US and you can seek to eventually give him ownership interests in the LLC with a written contract stating that upon him obtaining permanent resident status in the US, you will give him X% of membership interest in the LLC.