Greencard starting LLC with H4

$

$167

New Member
Long story short. I was on H1b before, then I received greencard in early 2009. Shortly after, my company ran out of business. I have been on self employed/freelancing for 2 years but hardly profitable. Recently, I decided to start a business with H1b friend. And he want to put his wife's name (H4) on the LLC for a reason. Anyway, we both invest on the project. Here are the problems:

1) We know H4 can only be passive investor but does someone (other then H4 & myself) has to be on payroll in order to constitutes employment? It's because I'm an investor of the business in this beginning stage, I do not want to withdraw any salary.

2) Can a H1 alone start an LLC without any members?

3) When I want to apply GC-renewal or Citizenship in 2012-2013, Will there be any trouble at my USCIS interview when officer saw me: #1 laid off after issued greencard, #2 two years of unempolyment history. #3 have a LLC not making profit. #4 have a LLC that's paying myself (due to H4's constitutes employment), doesn't it sounds like I'm creating myself a job?

Last thing I want is to be suspected, therefore we want to do it right. Please advise if you have any ideas. Thank you!
 
Last edited by a moderator:
Your H1B friend cannot work for the company. Neither H1B nor H4 can be on payroll since that means they are working illegally.

Your first stop should be an attorney and the second a CPA to advise you of the legalities and tax requirements for your busainess venture.
 
Concerned4us said:
Your H1B friend cannot work for the company. Neither H1B nor H4 can be on payroll since that means they are working illegally.

Your first stop should be an attorney and the second a CPA to advise you of the legalities and tax requirements for your busainess venture.
Click to expand...

I'm sorry but that wasn't what I was asking. I already know that. If there's this LLC, myself will be the only one working. H4 person held 75% and me held 25% of the company. I want to make sure it is ok if 1) no one on payroll in beginning stage ok?, and 2) if I get myself on payroll, it won't affect my citizenship app (because I'm creating this paid position for myself) after years of unemployment. hope it makes sense.
 
$167 said:
Long story short. I was on H1b before, then I received greencard in early 2009. Shortly after, my company ran out of business. I have been on self employed/freelancing for 2 years but hardly profitable. Recently, I decided to start a business with H1b friend. And he want to put his wife's name (H4) on the LLC for a reason. Anyway, we both invest on the project. Here are the problems:

1) We know H4 can only be passive investor but does someone (other then H4 & myself) has to be on payroll in order to constitutes employment? It's because I'm an investor of the business in this beginning stage, I do not want to withdraw any salary.

2) Our business will grow and when I want to apply GC-renewal or Citizenship in 2012-2013, Will there be any trouble at my USCIS interview when officer saw me: #1 laid off after issued greencard, #2 two years of unempolyment history. #3 have a LLC and paying myself (due to H4's constitutes employment), doesn't it sounds like I'm creating myself a job?

Last thing I want is to be suspected, therefore we want to do it right. Please advise if you have any ideas. Thank you!
Click to expand...

if you were laid off after getting Green Card then it was not your mistake. keep the evidence that you were laid off (provide info only if asked at the time of Interview) you can renew your GC and if you fulfill all the requirement for US citizenship then you can apply for US citizenship when you become eligible.
 
Just curious, if H4 open a LLC. I go work for this LLC, that should be legal. But can I 1) not be a member of the company, 2) not getting paid by this LLC?
 
You must log in or register to reply here.
Top