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N400 Interview - Single Member LLC during H1B Employment Question

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  • N400 Interview - Single Member LLC during H1B Employment Question

    Hi All, I have an N400 interview next week and one question is bothering me. Here is brief history and the issue...

    Oct 2004 : Started H1B with ABC Inc.
    Dec 2005 : Transferred H1B to XYZ Inc.
    *** Dec 2006 : Started a single member llc - had a business partner (who was not on company records) to run the business
    Oct 2007 : Filed I-140 sponspored by ABC Inc. (former employee at the time)
    Apr 2008 : EAP arrived
    2013 : GC Arrived & Started employment with ABC Inc. till TODAY
    2017: N-400 Filed
    Naturalization Interview Date: Next week
    -------------

    While filing N400, It asked for last 5 years employment, I included the employment with the company ABC Inc. who sponsored my GC and who I am STILL working for. I have all W2's and even last month's paystub from them.

    However Besides that, I also put the llc as a self employment since i still own and run the llc to date! But I put the original formation date (2006) - Current as employment dates and selected "Self Employment." I wasn't sure if i had to put the date I started the company or the date actually I started working for the company (2008)
    - Basically 2006, 2007 the business partner ran the LLC, he didn't do a good job
    - Company had NO REVENUE in 2006 (it was fresh company)
    - 2007 only $14K revenue with $10K expense (legal fees/car etc) in tax filings.
    - I had no salary from the llc for those years. I had my W2's from my employer at the time, and also incurring the loss/profit of the llc as the sole shareholder.
    - Comes 2008 and having my EAD, I split up with the partner due to his performace (or lack there of!!) and continued running the company myself.)

    Questions:

    a) I have an interview coming up next week, they may simply overlook it, but with current administration, I highly doubt they overlook anything anymore, so If they ask in my interview, how come you worked for your own in 2006 & 2007? And If I start explainig the situation how likely am I to get RFE'd or denial ? Even tho I have some proof of having the partner without offical shareholder agreement (records of his emails, travels for business shows, orders of his business card records etc), is it worth going down that road if they RFE?

    b) Or should I consider withdrawing my application and re-apply simply providing only the last 5 years employment (2018-2013), and not going all the way back to 2006 or 2008 period. In which case I am clear to run/work for anyone since I was on GC and still worked for the company who sponsored me between 2013-2018.

    c) Will withdrawing and re-applying IMMEDIATELY (in a week or so?) raise any flags for second application? What justifications can I bring in that case?

  • #2
    When you make a mistake on your application, your Interviewing Officer will give you an opportunity to remedy the error. Simply point it out when you get to that area and you are right, do not think anything may be overlooked. It is better to be honest with your error than walk away fretting.

    I made three errors on my application and was able to correct and sign them during my interview. All the best.

    Comment


    • #3
      Originally posted by vincentsoze View Post
      Hi All, I have an N400 interview next week and one question is bothering me. Here is brief history and the issue...

      Oct 2004 : Started H1B with ABC Inc.
      Dec 2005 : Transferred H1B to XYZ Inc.
      *** Dec 2006 : Started a single member llc - had a business partner (who was not on company records) to run the business
      Oct 2007 : Filed I-140 sponspored by ABC Inc. (former employee at the time)
      Apr 2008 : EAP arrived
      2013 : GC Arrived & Started employment with ABC Inc. till TODAY
      2017: N-400 Filed
      Naturalization Interview Date: Next week
      -------------

      While filing N400, It asked for last 5 years employment, I included the employment with the company ABC Inc. who sponsored my GC and who I am STILL working for. I have all W2's and even last month's paystub from them.

      However Besides that, I also put the llc as a self employment since i still own and run the llc to date! But I put the original formation date (2006) - Current as employment dates and selected "Self Employment." I wasn't sure if i had to put the date I started the company or the date actually I started working for the company (2008)
      - Basically 2006, 2007 the business partner ran the LLC, he didn't do a good job
      - Company had NO REVENUE in 2006 (it was fresh company)
      - 2007 only $14K revenue with $10K expense (legal fees/car etc) in tax filings.
      - I had no salary from the llc for those years. I had my W2's from my employer at the time, and also incurring the loss/profit of the llc as the sole shareholder.
      - Comes 2008 and having my EAD, I split up with the partner due to his performace (or lack there of!!) and continued running the company myself.)

      Questions:

      a) I have an interview coming up next week, they may simply overlook it, but with current administration, I highly doubt they overlook anything anymore, so If they ask in my interview, how come you worked for your own in 2006 & 2007? And If I start explainig the situation how likely am I to get RFE'd or denial ? Even tho I have some proof of having the partner without offical shareholder agreement (records of his emails, travels for business shows, orders of his business card records etc), is it worth going down that road if they RFE?

      b) Or should I consider withdrawing my application and re-apply simply providing only the last 5 years employment (2018-2013), and not going all the way back to 2006 or 2008 period. In which case I am clear to run/work for anyone since I was on GC and still worked for the company who sponsored me between 2013-2018.

      c) Will withdrawing and re-applying IMMEDIATELY (in a week or so?) raise any flags for second application? What justifications can I bring in that case?
      the real question you should be asking is what are the ramifications for being self employed while on an H1b Visa where you are only allowed to work for a sponsoring organization. you've got a tough road ahead of you, I recommend being honest during the interview and letting the cards fall where they may.
      This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

      -Krypton9591

      Comment


      • #4
        Originally posted by vincentsoze View Post
        Hi All, I have an N400 interview next week and one question is bothering me. Here is brief history and the issue...

        Oct 2004 : Started H1B with ABC Inc.
        Dec 2005 : Transferred H1B to XYZ Inc.
        *** Dec 2006 : Started a single member llc - had a business partner (who was not on company records) to run the business
        Oct 2007 : Filed I-140 sponspored by ABC Inc. (former employee at the time)
        Apr 2008 : EAP arrived
        2013 : GC Arrived & Started employment with ABC Inc. till TODAY
        2017: N-400 Filed
        Naturalization Interview Date: Next week
        -------------

        While filing N400, It asked for last 5 years employment, I included the employment with the company ABC Inc. who sponsored my GC and who I am STILL working for. I have all W2's and even last month's paystub from them.

        However Besides that, I also put the llc as a self employment since i still own and run the llc to date! But I put the original formation date (2006) - Current as employment dates and selected "Self Employment." I wasn't sure if i had to put the date I started the company or the date actually I started working for the company (2008)
        - Basically 2006, 2007 the business partner ran the LLC, he didn't do a good job
        - Company had NO REVENUE in 2006 (it was fresh company)
        - 2007 only $14K revenue with $10K expense (legal fees/car etc) in tax filings.
        - I had no salary from the llc for those years. I had my W2's from my employer at the time, and also incurring the loss/profit of the llc as the sole shareholder.
        - Comes 2008 and having my EAD, I split up with the partner due to his performace (or lack there of!!) and continued running the company myself.)

        Questions:

        a) I have an interview coming up next week, they may simply overlook it, but with current administration, I highly doubt they overlook anything anymore, so If they ask in my interview, how come you worked for your own in 2006 & 2007? And If I start explainig the situation how likely am I to get RFE'd or denial ? Even tho I have some proof of having the partner without offical shareholder agreement (records of his emails, travels for business shows, orders of his business card records etc), is it worth going down that road if they RFE?

        b) Or should I consider withdrawing my application and re-apply simply providing only the last 5 years employment (2018-2013), and not going all the way back to 2006 or 2008 period. In which case I am clear to run/work for anyone since I was on GC and still worked for the company who sponsored me between 2013-2018.

        c) Will withdrawing and re-applying IMMEDIATELY (in a week or so?) raise any flags for second application? What justifications can I bring in that case?
        So did you proceed with the interview vincentsoze? What came out of it? Thanks!

        Comment

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