Is it legal to form a LLC before get H-1B?

J

jihyeu

New Member
My question is cross legal and accounting.

Now I have OPT which expire on 5/31 and I already got my H-1B filing receipt number so I should be able to work legally since 10/01.

During these 4 months I will change my status to B2 in July ( considering 60 days grace period) and stay in US. The truth is I will keep working for my current employer during this period. I know a lot of people do so and company holds their payroll until 10/01.

However, my supervisor gave me a suggestion. I can form a LLC. Then I use this LLC to give my employer invoice bi-weakly and they cut check to the LLC. From accounting aspect, LLC can file tax as a C-Corporation. From corporation's law aspect, I am the member of LLC but that doesn't necessary mean I WORK for this LLC. But I still worry about this solution.

Can anyone give me suggestions? Thank you very much.
 
you can not do that. Because you are working through your company where you do not have your H1.

Understand one thing, to work any where in USA you should have sponsership (h1) from company A or Z. Otherwise you can not work.

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jihyeu said:
My question is cross legal and accounting.

Now I have OPT which expire on 5/31 and I already got my H-1B filing receipt number so I should be able to work legally since 10/01.

During these 4 months I will change my status to B2 in July ( considering 60 days grace period) and stay in US. The truth is I will keep working for my current employer during this period. I know a lot of people do so and company holds their payroll until 10/01.

However, my supervisor gave me a suggestion. I can form a LLC. Then I use this LLC to give my employer invoice bi-weakly and they cut check to the LLC. From accounting aspect, LLC can file tax as a C-Corporation. From corporation's law aspect, I am the member of LLC but that doesn't necessary mean I WORK for this LLC. But I still worry about this solution.

Can anyone give me suggestions? Thank you very much.
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Its illegal regardless of who you work for, your employer or your LLC. If its the LLC your employer would be in the clear, because they can claim ignorance about your status. They wouldn't be technically breaking the law if they work with a another company (your LLC) who happened to employ you. You are in trouble in either case, if something happens.

Good luck

[PS: This method didn't do much good for walmart. Hope it works your company]
 
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