[viol8torUK]

Hi there.....

I am emigrating to California from the UK in March 2010 with my US wife (pending completion of my visa - just awaiting my interview date). When I move to the US I will be continuing my current job (IT support specialist in the video/tv industry), but cannot be directly employed by my current UK employer (they only have customers in the US, no offices). I will be setting up a single member LLC in the US purely for the purposes of invoicing my current UK employer the equivalent of my current UK annual salary (plus any business related expenses). So, in effect, I will be doing the same job as I currently do in the UK, but through my own company rather than being directly employed. This is the only method my current employer could think of to be able to legally retain my services when I move to the US. It provides them with a barrier against possible US based litigation and without having to set up an office with payroll etc just for me, and by setting up an LLC, it should give me some security as well.

I will be visiting our customers in various US States. They pay my UK employer an annual support contract, and my employer will then pay my LLC for the services I provide. My office will be in California, but my only income will be from the UK.... I will not receive any money directly from our US customers.

Firstly - will this arrangement work? Can I use an LLC solely for the purposes of invoicing a foreign company?

IF.... I don't do any other work for anyone else, and my only income is from the monthly invoice I send to my current UK employer, can I set up my LLC in any state? Or does it have to be the state I will be residing in?

IF.... I choose to also do some freelance work in my home state of California, then I assume that I will need to have an LLC set up in California....

Anyone got any ideas about this - or alternatively can recommend a good (and cheap) lawyer to give me guidance?

I'm also assuming that in this instance, until I get my green card, SS number and a reliable address in the US, I won't be able to start setting any of this up?


Thanks for reading.....


Tony

[Norri]

Hi Tony,

I can't see why yor plan wouldn't work, but I think you do need advice from an accountant and probably a lawyer as well, sorry no suggestions for those.

I don't think that you need to have a company based in the state where you are working, however if you want to live in CA and set up the company elswhere, presumably to avoid tax, I think you could have problems.

I'm not saying that you can't do it but you need to have good advice before you do.

[DaiSpy]

Tony,

you might get some information and possibly some good advise on this from the British American Business Council (www.BABC.org). I believe they have a chapter in California.