Immigration Issues/F1 - OPT

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Question
Hi Ajay -

I've just received my OPT. I want to form and LLC and run it but not obtain any form of benefits/compensation from it until I obtain the right authorization (for e.g. a Green Card). Is this possible, or am I still viewed as 'employed'. Thank you.

D.

Answer
Hi Dhruva,

Although you can open a company, you cannot receive a salary or even be involved in "actively managing" the company without employment authorization. Since OPT is employment authorization, there should be no problem with running the company during the active period of your OPT.

There is never any restriction in being a "passive investor", e.g., owning stocks, bonds, etc.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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