Hi, I am an F1 student who studied for 4 years in the US and did 1 year of OPT. During my OPT I opened my own LLC in marketing. I am going back to my home country now and returning as a tourist on ESTA. I have a US citizen partner who I am planning to marry when I get back so that we can live and stay together. How can I keep my LLC and my clients while the green card and work permit process? I understand it takes about 3-6 months to get the work permit. I’ve been working hard as for a year to build up my clientele and business and don’t want to lose it all. Thank you!
You appear to have an ambitious agenda which presupposes that you will be able to make a turnaround after your time in the US under F-1 student and OPT and return under ESTA. You may or may not be fortunate enough to obtain such approval. If you do return, I do not see how you can legally have work permission to keep your LLC and your clients during the time that it takes to file for adjustment of status and to obtain a work permission based upon the adjustment of status. You should be aware if you are not already that USCIS may question whether you revealed your true intent when you entered the country under ESTA if you make quick actions to be married and file for adjustment of status. Perhaps you can have a partner or manager take care of your LLC and clients during the time that you sort out your immigration situation. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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