Guestbook Entry for Sandeep R Diwakar , United States
Name
Sandeep R Diwakar
Country
United States
State
MI
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Guestbook Entry for Amit , United States
Name
Amit
Country
United States
Comment
A big thanks to Rajiv and his excellent team including Mathew, Heather, Mark, Anna, Rena and everyone else who touched my case over the past five years. Thank you for sharing my pain when I was waiting (sometimes impatiently) for the Green Card and for responding to all my questions (of which there have been many) as I tried to understand the options available to me through the green card process as well as all the H1B renewals.
Rajiv, thank you also for the phone consultations as they have helped my decisions during crucial moments in my career.
Guestbook Entry for Smruti , United States
Name
Smruti
Country
United States
State
NY
Comment
Wonderful and thorough team- Att. Diane, Sheena and Matthew helped me at every step with RFE for I-140 as well as I-485. Ever ready and alert team. They would call me immediately whenever we were in need. Besides, Mr Khanna, personally took interest and supported, made suggestions when we had queries. Att. Diane and Sheena worked very hard on my case and did their best to put the message across.
I am grateful to you all and thank myself for choosing you.
Regards
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.
I would like to give special thanks to Mathew Chacko,Rita Dhakal,Pramitha , Suman B for thier prompt service & quick responses during the process.The GC was filed in May 2003 & from then till April 2008 ( when my 485 got approved, wife is yet to be aproved )I have been in close touch with RK's office & I really should say that how every busy these guys are, they have always got back to me for any questions,doubts that I had from time to time.
I have heard stories from other colleagues , friends about some law offices & how they handle the client GC cases.I would highly recommend RK's office & his team to anyone who wants to file his GC thru employment. You are guys are no -1 in every way.
I would also add that my employer has been equally cooperative & supportive to me during the whole process.