My friend has a software consultancy company in Russia. He plans to
expand the operations to the United States. He wants to have a Limited
Liability Company based in the United States. He wants me who is on a
dependent visa H-4 to operate this here as his partner/member.

* I would like to know the Procedure and limitations for international
companies who plan to set up operations in the United States.

* Can a non immigrant person like me be involved as an employee from
Russia and if so is there any minimum investment we need to be making.

Kindly help

Thanks
Gyuzel R Faytkhova

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Request for Question Clarification by larre-ga on 13 Jun 2002 23:54 PDT

Many of the specifics of incorporation procedures  will depend upon
where in the US the company will be located. Each state regulates
corporations individually. Several states (Nevada and Delaware among
them) are considered good states in which to incorporate. In order to
learn about actual incorporation procedures and regulations, we'd need
to know the state where the company will be located.
 
~larre-ga 

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Clarification of Question by gyuzel-ga on 14 Jun 2002 07:09 PDT

The business plans to operate in illinois (chicagoland). 

While the registering of a Foreign Limited Liability company is quite
straight forward as shown in Article 45 of the Illinois LLC rules and
regulations,
 http://www.legis.state.il.us/ilcs/ch805/ch805act180articles/ch805act180Sub12.htm
 
While the registering of a Foreign Limited Liability company is quite
straight forward as shown in Article 45 of the Illinois LLC rules and
regulations, the H-4 visa does present a problem.  As quoted "he
spouse and unmarried children( below 21 years of age ) of an H1B visa
holder are eligible for an H4 visa. A person on an H4 status is not
allowed to work unless and until the person gets a Change of Status
from the INS from H4 to H1B status. This means that you also do not
get a Social Security Number (SSN)."
  http://www.going2usa.com/marriage/h4visa.html#h4visa

answers.google.com cannot provide you legal advice as to registering
the company in your name. You should consult a competent
immigration/business attorney for that purpose.  The penalty for
making a false statement or registering with your name if it is not
allowed under the law, could result in loss of your immigration status
or the loss of the company's registration with the State.

For general information on creating a LLC see:

          http://www.nolo.com/lawcenter/ency/article.cfm/objectID/FC4734C6-FE8E-4D5C-BFE5E43131AEBA1F

This URL has been shorlified (shorl.com) to one which may be easier to
access at:

     http://shorl.com/gohesynudejy

Other references that may be of assistance to your question are:

     http://www.delaware-agents.com/da/

     http://www.legalzoom.com/legalwiz/LLCs/llc_procedure.html

     http://www.gettingincorporated.com/

The above URL's refer to online companies who assist in forming a LLC
for a modest fee.

Good luck in your quest..and thanks for asking GA.

seedy

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Request for Answer Clarification by gyuzel-ga on 10 Jul 2002 12:53 PDT

Well, I was on a F-1 visa before and so I do have a SSN, why did you
get this topic out. Also is it possible to be employed by the parent
company (from russia) though I stay in the US. I would be heading
operations for the company from here.

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Clarification of Answer by seedy-ga on 10 Jul 2002 20:25 PDT

You are not allowed to work in the USA and obtain a USA income under a
H-4 visa. That is clear from the quotation I took from the website:
   http://www.going2usa.com/marriage/h4visa.html#h4visa

There are other websites which quote the same regulation under an H-4
visa.    http://kh-law.com/index.html?http://kh-law.com/practice.areas/immigration/h-4-visa.html

http://www.vanderbilt.edu/HRS/intl/H1-B1FAQ.htm

http://www.nvo.com/beaulier/h4visas/

The quotation regarding the SS# was that you cannot obtain a social
security number if you are on a H-4 visa.  If you obtained a Social
Security number under a different visa status, you are "still" not
allowed to work for compensation under the H-4 visa.

I strongly suggest you consult a competent business/immigration
attorney in your area to determine if you being listed as an officer
of a Foreign Limited Liability Company is a violation of your visa
status.  My reading of the status is that it would be because it would
constitute work in the USA.  You are probably wondering if you can
receive compensation in another country for the work that you do with
the LLC in the USA.  This is a complex issue and MUST be answered by
an attorney familiar with this particularly situation.  I would say NO
since the work you would be doing would require your visa status to be
changed. As a manager of a large company who employed H-1B employees,
I can recall having looked into the work status of their H-4 spouses
and being advised that there was no way to employ them without
creating substantial risk for the H-1B visaholder as well as my
company.

I urge you to seek out legal/business advice in this area since the
consequences of not doing so are substantial on both yourself and the
H-1B visa holder.

seecy

1) This describes the IL LLC rules and regulations. 
http://www.legis.state.il.us/ilcs/ch805/ch805act180articles/ch805act180artstoc.htm

Clicking on Article 5 Organization will tell you all the rules and
steps you'll need to do. Also, looks like any noncitizen can manage
LLC.

2) IL State filing fees are $400 according to createacorp.com

Zelau bol'shogo Uspeha !