Guestbook Entry for Sohil , United States
Name
Sohil
Country
United States
State
California
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Guestbook Entry for Tushar Desai , United States
Name
Tushar Desai
Country
United States
State
FL
Comment
Hi Rajiv, Mathew and Prerna,
Thank you so much for your efforts and support during the entire green card process.
Previously, I had selected CP process for the final stage. Due to fiasco with PD date in last June, Rajivji called me personally and suggested me to go with 485 even though I had selected CP process. It was the perfect decision at that moment. It took me exact 1 year to get the consular interview. I received the interview letter in August and since my wife is pregnant it was impossible for us to fly to India.
And I received the good news in 1st week of Aug through 485 process that card production is ordered.
Special thanks to Mathew Chacko, Prerna for their excellent support.
Guestbook Entry for Wali Ansari, United States
Name
Wali Ansari
Country
United States
State
NJ
Comment
Thank you Rajiv, Mathew, Richa, Prerna, Bharathi and everyone in team for handling our EB2 GC so smoothly. We did not get any RFE and all thing went very smoothly. All team members were very professional and courteous and made sure all paper work go completed and reviewed many times before final submission.
RK law office is the best and I would recommend strongly to everyone. Thank you for doing great work.
Guestbook Entry for Sudheer , United States
Name
Sudheer
Country
United States
State
VA
Comment
Thanks a ton to Rajiv, Heather, Leslie, Mathew, Mark, Anna, Art, Seema, Amrita and other team members for handling our EB2 GC processing very professionally from the beginning to the end. My wife and I got GCs recently without any hiccups. We did not get any RFE and everything went extremely well and smoothly. All the team members were very professional, courteous and knowledgeable. They reviewed the paperwork several times before final submission and made sure it was complete, accurate and error-proof. Once again, I thank you guys immensely and I will recommend your service to my friends and I myself will consider the services from your firm for other immigration purposes.
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.
Thanks for your team's excellent work in helping me get my EB2 Green card. I have always had quick and to the point answers to all my queries from you as well as Rita/Sheena. I especially wanted to mention the extra effort put in by your firm to have my case filed in time on July 2nd 07 as well as the time spent in reconciling my two different priority dates. I will definitely avail of your services in future whenever needed.