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

[jihyeu]

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.

 

[shaikhf]

Dito

I am in the same situation as you, OPT expiring tomorrow and H1b Starting from 10/1, coincedently I am in Accounting as well.

You said you will change your status to B2, but how will you obtain your B2? Can we apply within US even though we are on OPT?

Your answers will be greatly appreciated.

-Shaikh

 

[GotPR?]

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.

Basically, this whole idea is illegal.

You can't work without H1, you can't be emploed under B2.