Form a LLC with H1B, Green Card & F-1 Status. JoeF and others, please advice.

[PINO777]

First, I know that with H1B visa can form a LLC but cannot work for it at all due to the work authorization from INS.
All I can do is treated myself as "passive investor"; however, what fits into the passive investor criteria? Do I just basically invest with $ and get the dividend at the year end if there's any profit? What happen if there's loss? Can I still report on my Schedule C as self-employee?
And, do I just put "Passive Investor" at the end of my name as a member on the Article of Organization?

What happen if I would like to add my sister, who is still back in my country, to the company as a invester (member) and ask her to do the work instead of me. Can I do that?

Is that going to hurt her to apply the F-1 student visa in the futher?
Once she holds the F-1 visa in US, she cannot be on the article of organization and work right?

What would be my best solution?

Please help
Thank you

 

[PINO777]

Well... if it's possible, I was planning to not have me on there as passive investor but instead have my sister as the investor, who will run the business oversea for the US company. I am basically opt-out and give her the opptunity instead. It's a online business, which will not matter for the presence, right?

However, I know that she is planning to come to US and study as F-1 Visa in the near future. And, you mentioned that it might not be a good idea because INS might see the intent that she is likely to stay in the US, which might give her the problem having US to issue her the F-1? Is this correct?

Okay, how about I ask someone else in my family instead? Like my mom or my other sister?

I just want to have all the paperwork ready and not break the law.

What would be my best solution again?
Thank you..


P.S. can anyone else answer me the Profit and Loss question on the tax issue?
Thank you