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  1. #1
    hardworkingsoul Guest

    LLC on H1B visa ???

    What is the name of your state? MI

    Hello,

    I'm a foreign citizen and in the US on a H1B visa, is it possible for me to set up an LLC in the state of Michigan ?

    Is it mandatory to show income for LLC company every year for sure and also file taxes ??

    IfI can set up an LLC, can I and my wife offer services on behalf of the company ? (but we will make sure not to get paid through my LLC company).

    We just need to make some money through that LLC company. My wife does not have a work permit as she's in the US on a dependent visa but she would volunteer work for my LLC company which will make money.

    Please let me know , this is kind of urgent as we have some job opportunities wiating for her and they are willing to pay our LLC company instead of paying her directly.

    Thanks & Regards
    Last edited by hardworkingsoul; 09-09-2004 at 11:56 AM.
  2. #2
    ImmigAttyLana is offline Senior Member
    Join Date
    Feb 2004
    Location
    Orange County, CA
    Posts
    6,838
    No, you cannot be working for a LLC the shares of which you own. You can only work for an employer in H-1B status in which you have no ownership interest. As for your wife, if she is otherwise eligible for a H-1b in her own right, then she can find an employer who is w illing to offer her a position and sponsor her for a H-1b visa.

    Please let me know if you have any additional questions or need further assistance with this matter.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  3. #3
    hardworkingsoul Guest
    Dear Lana,

    Its not clear, could you please please answer each and every question posted.

    Thanks in advance
  4. #4
    ImmigAttyLana is offline Senior Member
    Join Date
    Feb 2004
    Location
    Orange County, CA
    Posts
    6,838
    I don't know how I can be any more clear. You CANNOT work for yourself as a H-1B employee. That also means that you CANNOT OWN the company for which you work. Therefore, you cannot own a LLC and be rendering services to that company in return for compensation. In order to maintain valid H-1B status, you MUST be on payroll with a company in which you DO NOT own any ownership interest, and you cannot circumvent these rules by setting up your own company for the sole purpose of providing employment opportunities for your wife who, as a H-4 nonimmigrant, is NOT eligible to work lawfully in the US while in that status.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH

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