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Starting an LLC with EAD card?

by JC, published: 2014-07-07 22:53 viewed: 84 times
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Question from Mel,

I am in the U.S. on an F1 Visa and recently graduated from college. I have submitted the documents required to apply for my OPT. I know I can not work until I have received the EAD from USCIS.

I have created some designs I want to have printed on t-shirts and decals which I would like to sell on the internet to U.S. customers (so I don't have to deal with shipping outside the U.S.).

Under what circumstances would I be allowed to sell t-shirts online? Would I have to set up a company first? If yes, what kind, sole proprietorship or an LLC?

If I am not allowed to sell t-shirts online before I receive my EAD, could I do so once I received my EAD and found a full time job?

Does your answer to any of the above change if I set up a non-profit to sell the t-shirts and donate a portion of the sales to a charity? Thank you in advance for your advice.

Answer:

You can do the preparation work and once you got your EAD card, then you can sell t-shirts online. You don't need to setup a company, as a company is just a form of legal protection. You can run your business as a sole proprietorship.

I read somewhere that "A person is allowed to work with any employer, including starting his/her own company, while on EAD". So I think you are fine.

Non-profit is just a form of business entity, that should change anything said above.

The above answer is for information only and does not constitute legal advice.
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