Anybody formed LLC before GC approval????

skaus2001

Registered Users (C)
I have a question on LLC formation. Is it legal to form a company by the beneficiaries while wairing for GC approval??

I was thinking to file for forming a LLC jointly with my wife with both of us as members of that LLC , though we are not yet approved. I donot intend to operate that LLC before approval , just I want to be ready with LLC formation and want to start some business under that LLC once we get our GC. Is it legally OK?

Or is it Ok , if my wife starts operating that LLC now before GC approval (i mean , if she starts some business in the name of that LLC) when I am the primary applicant and she is dependant on me and she has EAD and already working on EAD and both waiting for approval.

Would apprecaite some of your experts' comment here in my situation.

Regards,


skaus2001

rd 12/2001
nd 12/2001
fp1 2/2002
fp2 6/2003
ad -- ???
 
I presume that you are asking about a limited liability corporation. I had discussed this issue with my attorney and he made it clear that one could form a LLC on an EAD. The problem though, if one has filed for a employment based GC, is that the GC is for future employment by the sponsoring company. If one wants to continue employment with the sponsor and use the LLC for partime business it is fine.
 
I know a number of people who have started a company while they were on H1 (waiting for GC approval). There is no problem.

Here is a good link for information on small business.

http://www.irs.gov/businesses/small/article/0,,id=99336,00.html

If you are very serious about starting a company, make an appointment with a CPA (certified Public Accountant). He will tell you everything and he will do all the paperwork for you for a fee.
 
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