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money167

Greencard starting LLC with H4

By money167 in Work Visas

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money167 Rookie

money167   0

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Filed: AOS (pnd) Country: Hong Kong
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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!

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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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?

No.

I am a member of an LLC which is not much more than a real estate holding that pays the mortgage and collects the rent from our own business. Nobody gets a 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?

No.

At the N-400 stage, the only thing Uncle Sam is interested in is that you filed your annual tax return, every single year.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Harsh_77 Mentor

Harsh_77   718

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Filed: IR-1/CR-1 Visa Country: India
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Posted (edited)

I see, does it means technically, this H4 person can even be the only one on the LLC without any partner, memeber, manager and investor? Thanks.

No just H4 by itself cannot be on LLC - that means they are doing a business, which they are not supposed to do.

H4 cannot be partner either, all they can do is be an investor.

Someone can correct me if I am wrong...:)

Edited by Harsh_77
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money167 Rookie

money167   0

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Filed: AOS (pnd) Country: Hong Kong
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Posted (edited)

No just H4 by itself cannot be on LLC - that means they are doing a business, which they are not supposed to do.

H4 cannot be partner either, all they can do is be an investor.

Someone can correct me if I am wrong...:)

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?

Edited by money167
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Harsh_77 Mentor

Harsh_77   718

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Filed: IR-1/CR-1 Visa Country: India
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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 first assumption is wrong, H4 cannot start a business.

H4 is a dependant on H1 means they are only in US coz their spouse is in US on long term. H4 is not here to start a business.

But H4 is allowed to do an investment, she can invest in stocks or anything.

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money167 Rookie

money167   0

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Filed: AOS (pnd) Country: Hong Kong
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You first assumption is wrong, H4 cannot start a business.

H4 is a dependant on H1 means they are only in US coz their spouse is in US on long term. H4 is not here to start a business.

But H4 is allowed to do an investment, she can invest in stocks or anything.

Well, I don't know what to say now because my H1 biz partner already opened up a LLC under his H4's wife name alone. I'm actually glad that my name isn't in the company as I don't want to get into any trouble in any future...

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Harsh_77 Mentor

Harsh_77   718

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Filed: IR-1/CR-1 Visa Country: India
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Q2: Can the H4 visa holder work in U.S.?

A: No. H4 visa holders are not permitted to work in U.S. Remember that as a spouse you will accompany a legally employed person in the United States on a dependent visa. You should not try to seek employment in the United States on the H4 visa.

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