Starting Single Member LLC


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First, I hope it isn't "non competent"... I hope you are competent... I think you mean "non-compete".

Second, what is your status? On H1, you can not do this, anyway.

Third, non-compete agreements are valid, except in California, where the CA Supreme Court has declared such agreements invalid.

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What immigration status would you have under this idea?  If you are on a H-1B visa, then that would end when you leave your sponsoring employer.  A foreign person cannot simply got into business for themselves and get immigration status.  It simply does not work that way.  From what is posted, there seems to be a big gap in understanding the immigration laws, regulations, and rules.

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I am currently working for a client through an employer A on a contract that ends this year. Once that contract gets over,  I am planning to bid for a new position with the same client through my own single member LLC. I am not sure if this will have any non competent issues. Could any of you help?


Assuming you have the right status (GC/USC) you might be able to pull this off. However a lot depends on what your non-compete and more importantly the non-solicitation clause (if any) reads, The scenario you are considering is usually covered by a non-solicitation agreement. Assuming you have a GC/USC status, the best approach is to talk to an employment lawyer. 

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