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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25059
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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can I open a company on B1/B2 means LLC

Customer Question

can I open a company on B1/B2 means LLC
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
You can form a corporation (LLC) while in the US on a B1/2. You can apply for the entities Tax ID Number.
You can hire a manager.
You cannot provide any other active services to the company.
Judith
Customer: replied 1 year ago.


Here is my question in details..


 


1) This is the 3rd time i'm visiting U.S. and 1st time I came for visiting..


2nd time I came for visit in 2012 january but I got a job as i'm software engineer then I changed my visa status from B1/ B2 to H1-b.. Then I stayed here for 8 months and the project got finished then I went to my home country and again I came for visit for business purpose that means I want to invest in U.S. now that means I already have ssn because previously I was having H1 b visa


My question is again do I've to apply for ITIN or my ssn is enough..


Please provide me the answer in detail..

Expert:  Judith replied 1 year ago.
The business is a separate entity that has to have it's own Tax ID Number.
You keep your SSN, but the business is not you and has to have it's own ID#.

Judith
Customer: replied 1 year ago.


I heard that we can't have ssn and ITIN at the same time..


Can I apply for ITIN in my scenario..

Expert:  Judith replied 1 year ago.
I have no idea where you heard such a thing.
Every busines, S corp, c corp, LLC, PC, PA all apply for and receive their own Tax ID #.
It has nothing to do with you and yours. That is the whole point of incorporating because it is a entity totally seperate from you.
Judith
Customer: replied 1 year ago.


see i'm right now on B1/B2 visa I know that once we start the business we will have Taxid but ITIN is individual tax identifier no.


Here my question if i'm on B1/B2 shall first before opening any business


do I've to open ITIN.


Your one of the expert told me here is the following links..


 


From Guillermo J. Senmartin, Esq.


Thursday, July 25, 2013 5:54 PM EST


Yes, you can. You may need an ITIN to do it since you cannot get a Social Security Number. Here are some links, the first is a list of some of the things allowed on a B-1/B-2:

http://travel.state.gov/pdf/BusinessVisa.pdf


The second link is about the ITIN:


http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-%28ITIN%29


 

Expert:  Judith replied 1 year ago.
But you are not applying for an individual tax number! You are forming a corp. formining a corp does not require any ssn or TIN.
It is only after the corp is registered that you then apply for the company's own tax number..
The IRS link has nothing to do with a corporation.
And you as an individual already have a SSN. It is your SSN for life.
Maybe he was confused.
Judith
Expert:  Judith replied 1 year ago.
Look at this IRS ink. It is for the Employer Identification Number. It is totally different form applying for a SSN
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/How-to-Apply-for-an-EIN

Judith
Customer: replied 1 year ago.


I really appreciate the way your giving the answer..


 


My another question to you is if my status changed to H1 b visa again then can I open the LLC or any corp and can I do a business here in U.S.


and what are the rules and restrictions for H1b visa holder..


 

Expert:  Judith replied 1 year ago.

The rules are the same whether you are on an H1B or a B1/2.

You may not provide any active services to the corporation. You can only hire a manager to see through your policy and procedures set as the shareholder and as set forth in the corporate documents.

It is no different that if you bought shares in Google and you vote your shares to establish the corporate policies and objectives.

You cannot go in and run google. You cannot go in and run your company.

 

Judith

Customer: replied 1 year ago.


In short I can open my own company like LLC or scorp etc..


But I've to hire one manager to operate my business..


So here my another questions


1)Can I take my own business or I've to take any partner..


2)If I get a loan can I takeover any business


3)Do I've to contac any attorney to know the procedures for starting business here in U.S.


4) what is this EIN could you please give me detail about that


when I've to take EIN?

Expert:  Judith replied 1 year ago.
You are going into far more depth than your original question and I have provided you a great deal of information but you will need to open a new question thread after I give you the courtesy of answering this last reply.

1)Can I take my own business or I've to take any partner..

It doesn't matter.

2)If I get a loan can I takeover any business

NO, you provide any services to your business, not even sign checks.

3)Do I've to contac any attorney to know the procedures for starting business here in U.S.

Yes, you should

4) what is this EIN could you please give me detail about that

The link to the IRS site I gave you gives very great detail about the EIN and the procedure to apply for it.

when I've to take EIN?

After you register the entity.

Judith
Customer: replied 1 year ago.


I got a mail that I can ask n no of questions..


I've to go in depth otherwise how can I get the complete information..


If you are following my questions i'm getting the information suddenly if you tell me to open new thread of questions then again I've to ask all the questions so my request is please answer my questions once I got satisfied I will rate you..


here above regardin loan your one of the colleague told me that I can take a loan and I can even own the business but your statement is contradictory


2)If I get a loan can I takeover any business


NO, you provide any services to your business, not even sign checks.


 


The above statement you have written and one of your colleague told mediffrent so to whom I've to ask for clarification..

Expert:  Judith replied 1 year ago.

I did not say you could not get a loan. I had already told you the limitations in owning your business.

can I takeover any business

NO, you provide any services to your business, not even sign checks.

 

However, I have been very generous in my answers. I note that I even answered numerous other questions where an expert opted out and you did not rate me.

So I can only come to the conclusion you are not satisfied with my answers and I will allow this to open to another expert who you may find satisfactory.

 

I wish you all the very best with your new venture. I am not on salary and since I rely on positive ratings to earn my income, I need to assist my other customers now.

You certainly may continue to ask unlimited questions which are open to all the other experts to answer.

Judith

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Judith
Judith
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25026 Satisfied Customers
34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.