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Questions Answered by T. J. Jesky
2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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3 Answers | Asked in Car Accidents for Illinois on
Q: How long does it take attorneys to write up settlement release forms?

My settlement settle September 18th. I haven’t heard from them since the settle date.. I was wondering how long would it be for them to send me the release forms

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

It would depend on how the settlement was reached and whether it was with an insurance company or private individual. Insurance companies take longer than a private individual. If it is a Court settlement, it is not suppose to take more than 30 days. If it is a private settlement, it is based on... View More

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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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1 Answer | Asked in Education Law for Illinois on
Q: my school is searching people for alcohol and is performing random searches on people can I reject search and if so how
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

As a student do not expect privacy in: Lockers, Desks, Parking lots, other school property or equipment owned or controlled by the school, or the school's personal property in any of the areas above.

School authorities can search those areas without prior consent of students. They do...
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1 Answer | Asked in Domestic Violence for Illinois on
Q: What does ‘no unlawful contact’ mean?
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

Consider no unlawful contact as a limited protection order. It usually involves crime where someone was arrested for domestic violence. It can also mean any attempt to communicate with the alleged victim of the crime, especailly a child. Generally, unlawful contact remains in effect until... View More

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More

1 Answer | Asked in Divorce for Illinois on
Q: if your getting a divorce should you get a divorce before you sell your house
T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

If you have a buyer for the house, don't lose the buyer. They can be hard to find. You can keep the sale proceeds in escrow, to be resolved upon divorce.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Should I show up to the first hearing of a battery case if I don’t want to press charges?

I was a victim, I am a male, but I don’t want to press charges. I know the state can still prosecute her, but should I attend the first hearing or not attend.

I’m afraid they will see me showing up as a sign I want to pursue, when in actuality I love my girlfriend very much and this was... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

People miss court appearances frequently. If you are the offender and miss a court appearance, the Judge will most like issue a warrant for your arrest.

If you are the victim, and miss a court appearance, there is a good chance the judge will just dismiss the case.

1 Answer | Asked in Libel & Slander for Illinois on
Q: I sold a car to a minor and he wants a refund. I didnt know he was a minor at the time. His dad contacted me.

I didnt know he was a minor or that it was illegal at the time. His dad didnt know about it either I don't think.

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

A contract with a minor is unenforceable. Just because you did not know he was a minor, doesn't let you off the hook. It sounds like you need to him the refund.

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

Alexander, attorneys are Officers of the Court. An attorney is not going to help you commit fraud.

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2 Answers | Asked in Business Formation and Business Law for Illinois on
Q: Do we need to refile articles of incorporation or any other business docs when applying for NFP status for a for-profit

business. Business has been around for 37 years. We want to apply for 501c3 status to diversify our income and open up our services to more contracts and help more people. Currently, mostly are federal grants and we haven't earned profit in years.

T. J. Jesky
T. J. Jesky
answered on Sep 13, 2022

This may be easier than you think. If you want to convert a profit corporation to a non-profit organization all you need to do is complete Illinois Form EOA 205 (provided by the Illinois Secretary of State- a one page form) and send two copies of the completed form to the Secretary of State with... View More

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1 Answer | Asked in Divorce for Illinois on
Q: are any earnings to be shared from investments if the divorce has not been finalized
T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

It seems to me that your only hope, is if, the investments were made prior to your marriage and remained your separate property; otherwise, be prepared to share.

1 Answer | Asked in Civil Litigation and Municipal Law for Illinois on
Q: In a municipal case in Illinois court outside of Chicago can I use case law from Wisconsin that is similar to help my ca

It is a civil / municipal case where the village did along with the police department a total seizure of our house our property they made our car disappear our two dogs our two cats. They had the police illegally remove 2,175 plus items of our personal belongings from the house and they will not... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. If you cannot find a case on point in Illinois and the Wisconsin case is on point, most judges (and it is up to the judge) to allow you to reference another State. Frequently, in Judge rulings if they cannot find applicable Illinois case law, they will cite case law... View More

1 Answer | Asked in Consumer Law and Small Claims for Illinois on
Q: Hired a mechanic to work on my car after leaving I noticed my car wasn’t working well got it checked out and it’s broken

The mechanic had to move everything out in order to fix my transmission but I believe while doing that he messed something up because after that my cars Turbo started to fail (never had a problem with it) now I have a broken car and 3.6k down the hole. I called him and told him this and he took the... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

Well, it appears that the mechanic did not do his job correctly. If the mechanic cannot fix the problem or reimburse you for your expenses, I would suggest litigating this matter in Small Claims Court. If the mechanic is unresponsive, you can let him know that you plan to file a case in Small... View More

2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... View More

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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

I agree with Attorney Michael Ray Smith. First, contact the company/person who owns the patent. You can find the owner at www.uspto.gov.

Once you contact the owner, enter into a dialogue that you are interested in his patent. You can make an

offer to buy it, or you can enter into...
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Illinois on
Q: What does the law 15 usc 1662 b translate to? does it mean that I am not required to put a down payment?
T. J. Jesky
T. J. Jesky
answered on Oct 11, 2021

Short answer: No. The reg states that no advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state that a specified down payment, by the creditor who advertises his services.

1 Answer | Asked in Business Formation for Illinois on
Q: Is it legal to do aerial photography and 3d photogrammetry using a drone in IL to provide visual updates for client

I am not looking to give precise measurements, just visual inspections. Ideally would like to make this my business. I am achieving the part 107 license to fly commercially. Thus I am aware of the airspace restrictions. I am wondering about the legality of the above case.

T. J. Jesky
T. J. Jesky
answered on Nov 27, 2020

This is a good question. First, if you are law enforcement, the Illinois statutes give you authority to fly the drone almost anywhere. But, since your not law enforcement, you are somewhat restricted. The law states that you cannot use a drone to interfere with hunters or fisherman. A number of... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky
answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

I...
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