LLC on h4 EAD(legal issues)

I am posting this question for my cousin who is a freelance editor(have multiple clients) working on H4 EAD for the past few years. She registered an LLC last year in California, and their priority date is 2016. Hence, they are planning to go back to India now and work for the same employer there(offshore). So is it legal to continue receiving payments in US bank account, as her H4 EAD will not be valid if go back now. Will continuing working for US clients and receiving payments on behalf of LLC create an issue in the green card process. They are planning to do consular processing when priority date becomes current. Please advise. If it is illegal, is there any option to continue working for these clients in a legal way?

As fas as I know, a foreigner can hold a company in the US and conduct business for US clients while physically being offshore.
There may be some process or forms to file as your status as a company owner will change from resident alien to non-resident/ foriegn entity.
Your friend need to consult a tax lawyer that can guide you on the compliance requirements.

No issues, if this is done following all legal obligations towards US government and there is no breach of compliance.

Note that they should also consult a CA in India that can guide and make sure the India tax compliance is also met.

1 Like