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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105575
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am on H1b and want to start my LLC with a friend who is a

Customer Question

I am on H1b and want to start my LLC with a friend who is a citizen.
I will own 70% of it. I will not sign any docs, emails or bank checks.
I will not be involved in anything on paper but will talk to people and provide guidance. But I want to talk to vendors and be involved in discussions with other people and guide them. Will be this considered active or passive involvement? Will this create a problem in my current Green Card application that I have with my employer?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
That's borderline and I wouldn't want to be on the border because if unemployment is high and there are many U.S. workers looking for jobs, USCIS/ICE would love nothing more than to get you off of your H-1B status and send you home to free up your job for a U.S. worker. So how to minimize the risk? Have your partner run the business or hire someone to run it and you must try to avoid any day to day activities. More than anything, just try to be involved in board meetings, not minor decision-making and the like.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
Thanks for your response. You did not answer my question regarding GreenCard application. How does the ICE know that I am involved in day to day activities if I am not signing any docs or checks. Does the percentage of ownership raise any flags? My concern is that during the green card interview process, this should not qualify as unlawful employment.THanks.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
How are you petitioning for a green card?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Is it through family or through employment? If through employment, is it your own company or the company that you are currently working for that is independent?
Customer: replied 1 year ago.
I am currently employed on H1B visa. The green card application is through my employer. Its not my company and I have no share in this company(my current employer).
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I would do both, but I wouldn't do just an email. I would do letter, or letter and email. I cannot tell you how long it will take. If she sends it, it needs to be ASAP. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry, that wasn't for you. That was for another customer. We are using a new interface and it takes some getting used to. Luckily, the answer to your question is that the 70% ownership, or even 100% ownership does not matter. As to your other question, "How does the ICE know that I am involved in day to day activities if I am not signing any docs or checks." If they have any doubts or questions about it, the burden is upon you to prove that you are not involved in the day to day activities. So I would make sure that someone else is taking care of those things and that there is a paper trail of such things. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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