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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10029
Experience:  30 years experience corporate, litigation, international
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Myself and My partner are planning to form a LLC, We both are

Customer Question

Myself and My partner are planning to form a LLC, We both are on H1-B Visa, So we cant work for the LLC which we start. Can we do volunteer service and take the share in profits or should we hire an employee and pay him to operate the LLC ? Does this put us in legal trouble regarding immigration/visa ? Can you please let me know
Submitted: 6 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 6 years ago.

You should hire an employee to run the business because you are not allowed to be self employed and if you volunteer, pay no salaries but receive profits it will be a transparent effort to circumvent the restriction on no working in H1b visa. With the employee, then after his salary is paid and there are profits you should be ok.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 6 years ago.
Can I(h1-b visa holder) partner with a Green Card Holder and suppose he takes $1 salary and we share profits of the business like the GC holder is CEO and partner in the company.. I dont even involve in the company matters except I invest.. Everything is legal right.
Expert:  Richard - Bizlaw replied 6 years ago.

You can invest but not work in the business and you can receive your share of the profits. If the GC is doing all the work, I think it better he receive some salary to reflect that effort otherwise you run the risk of a claim that you are really working also.

 

The key is that you are not actively involved working in the business.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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