Can I invest in property while on H-1B with Green Card application pending?

[Cian]

Jurisdiction

Illinois

Can I invest in Real-Estate through LLC, in which I am a passive member and 50% shareholder, while on H1-B Visa?

Details:
- My American citizen friend and I set up an LLC partnership last year and generated $10K from a side project.
- I was on STEM-OPT at that time. My American friend is the active member of the LLC, I am passive.
- The same partner would now like to use the $10K from the LLC as a downpayment for an investment property. I will have no/minimal involvement in the transaction and would be passive in the activity.

SPECIFIC QUESTIONS:
- Can the LLC (in which I am 50% shareholder) proceed in making this investment while I am on H-1B visa status?
- Would making this investment jeopardize my pending Green Card application? (e.g. K-1 schedule activity raising eyebrows later?)


Thank you so much for any advice on whether it is safe to proceed.

 

[flyingron]

First off, if it's an LLC, it's not a partnership. It may be taxed as a partnership however. LLCs have "members" rather than "shareholders."

Investment is not an issue. However, if you do work for the LLC you're breaking the law and could have serious repercussions for your continued visa and residence application. You are not allowed to do work for anybody other than your sponsoring employer. In fact, you already broke the law if you worked for the LLC on the OPT (unless you got that approved but that would seem unlikely as they do require a legitimate employer-employee relationship and that doesn't sound like the case).