Legal Question in Immigration Law in California

Hi guys ! ))) I have a question about F1 visa )) I'm from Russia, now in US with B1 visa and i opened sole proprietorship,how i research it's legal, i can't work on somebody ,because i don't have working permit, but i can work on myself,that's why i opened it ))) but in future (in 2 months) i want to change my status to the F1 visa. So , very interesting question what will be with my Sole prop. is it will still legal? ))))) here will be the same rules i can't work on somebody , but can work on myself?))))) If so , can you help me change my status?))))


Asked on 9/14/14, 2:50 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

A person, who is not a U.S. legal permanent resident, can technically own a business in the U.S., but they cannot work for the business unless they have an E-1/E-2 visa, which Russian nationals are NOT eligible for.

As for an F-1 visa, your change of status could be denied, as USCIS usually likes the F-1's to process through the U.S. Consulates abroad.

Also, if you overstay your B-1 for 180 days or more, you won't be allowed back in the country, once you depart, for 3/10 years.

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Answered on 9/15/14, 12:59 pm


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