Guestbook Entry for S.C., United States
Name
S.C.
Country
United States
State
FL
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Guestbook Entry for Suresh, United States
Name
Suresh
Country
United States
State
NJ
Comment
I got my passport stamped last week to complete the GC processing. I am thankful to Mr. Khanna and his cooperative team for all the effort they put in for my case. I am impressed by the attention to the case provided by the entire team and also the backup measures that were taken to ensure speedy success. Overall it was a very pleasent experience. I had chosen Mr. Khanna over my company's lawyer and I feel it was a wise decision. My Labor Certification papers were filed in May 99 and the Center was VSC.
Guestbook Entry for Paresh Randeria, United States
Name
Paresh Randeria
Country
United States
State
MD
Comment
I got my GC approval on July 11 after a Interview at LOCAL INS Baltimore. Thanks to Rajiv and his team. I do not want to mention any of the staff members name as all the staff was prompt (Very important to me) and were extremely helpful. I really appreciate them answering all my questions patiently throughout the case. Like most of Desis, I was also asking same questions again and again in different ways but his staff were always patiently answer all my questions politely. I always got replies to all my (Phone/Email/Fax) inquiry within 24 hours. Rajiv also gave me his Cell Phone number on the day I was going for Interview which gave me feeling that he is with me for the Interview.
Guestbook Entry for Deepak Bapna, United States
Name
Deepak Bapna
Country
United States
State
AR
Comment
Hi, I got my GC approval on June 20th (filed mid Aug 99 at TSC). Kudos to Rajiv and his team, esp. Diane who handled my case. Both Rajiv and Diane were extremely helpful. I really appreciate them answering all my questions patiently throughout the case. Esp. email exchanges with both of them works great. I got replies to all my emails within 24 hours. At one point (March/April) after filing I-485, I was thinking about doing counsular processing. Rajiv asked Fidelina to check on status and suggested that we wait for a few more months. We did that and got GC. Bottomline, everyone at Rajiv's office has been very helpful. I recommend his office anytime. Thanks Deepak
The path for an entrepreneur from STEM OPT or H-1B
Question details
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
FAQ Transcript
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card
Question details
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
FAQ Transcript
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Iam thankful for the excellent work done by Mr.Rajiv Khanna and his colleagues Ms.Amel Berhe and Ms.Nimia Aranibar which enabled me to obtain the G.C. Keep up the good work guys.