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Can I start LLC while on H1-B and open business checking account for the LLC with my SSN and address?
Anonymous2 views4 answers
Hi,
I reside in USA with H1-B visa and planning to start a LLC with my uncle as a partner with 50%-50% partnership. My uncle is an Indian citizen and currently reside in India. He does not have SSN or ITIN but have solid experience in this business.
This business can be run remotely and no physical location/presence is needed in United states.
Since I have SSN and currently reside in United states,
1. On H1-B, am I be eligible to form LLC and hold 50% partnership?
2. Can I use my SSN to obtain EIN(Employer Identification Number) for the LLC?
3. Can I use my SSN, Driver License to open business checking bank account in USA for the LLC?
4. Can I use my home address as LLC address (while opening business checking bank account)?
You would be best advised to discuss the matter in more detail with an experienced immigration attorney. While you are not prohibited from investing in a company while holding H-1B status, you are prohibited from working for any employer other than your H-1B sponsor. You can engage in no work regardless of whether paid or unpaid. Given your uncle is in India, it will be very difficult to establish you are not working for the LLC.
It appears that you are describing permitted, non-employment activities involved in forming a business (please see the post at the link below).
However, as my colleagues have suggested, you should retain an immigration lawyer who is familiar with work visas to advise you.
If both members are foreigners, who will "do the work" of hiring employees so that the purpose of LLC is achieved? I'm sure you are funding an LLC for some purpose/ business.
