Registering an LLC following K1/Work Authorization

[Daniel R 0]

I'm not sure if this belongs in here or the Adjustment of Status forum, but I'm posting here because I came to the US from the UK on a K1 visa.

I'm at the stage now where I have a notice of action for both my adjustment of status and my work authorization. I am waiting for my biometrics.

I have a social security number and I understand that I cannot use it to gain employment without my work authorization. That's fine, but I cannot find any information on what the procedure would be for me to register my own company as an LLC in this situation.

I assume I have to wait for work authorization but, even then, the instructions are to show my work authorization papers to my employer and I won't have an employer by forming an LLC. Obviously I don't want to make any mistakes with registering a company or paying taxes, but I'm not sure how to proceed here.

Any advice?

As an aside, my wife posted intensively in these forums during our process to get my visa and people here were very helpful to her. Thank you.

Edited September 22, 2007 by Daniel R

[journeyman 0]

An attorney had told me that anyone could form an LLC or an S-Corp or any business entity, you don't have to have a Work permit for that. That is how international businesses are setup initially before they hire the localites.

However your case is, you probably could setup an LLC, but if you want to take salary from your LLC then you cannot, If you take the salary, technically it means you are working for that company when you do not have a work permit.

I don't think there should be no issues in setting it up and being in dormant mode until you get your work auth..

DO NOT GENERATE ANY REVENUES.

Why not register under your wife's name and later on (after your work auth), change it as you think appropriate. (Just my 2 cents).

[Daniel R 0]

Awesome. Thank you.

I understand that earning money from any revenue stream in my current situation is a Very Bad Thing, and I wasn't aiming to register the LLC before I got work authorization anyway. I just wasn't sure if there were extra procedures concerning my immigrant status.

Judging from your attorney's advice, it looks like I'm going to be free to register my LLC the same way as everyone else, which probably means tax procedures should be the same too.