Student Starting A Business + Other Complications :)

[krymium]

Hi,

I am a student in the United States. I was on a F1 visa until Feb 15th, 2004. I have a job with a company in New York who have sponsored my H1-B which started on the 15th of Feb 2004. Prior to this I had also applied for Optional Practical Training which was approved on the 2nd of February and would have commenced on 15th March 2004.

I now want to start a company but this new company will not be in a position to pay me the prevailing wage for atleast the next 6-8 months and hence I cannot transfer my H-1 visa over to this new company. Moreover, I was told that if I leave the country right now and re-enter with my F-1 visa and I-94, I will revert back to F-1 status and have until March 14th 2005 on my OPT (Is this correct in the first place?).

However, given the H-1B quota my new company would need to apply ASAP so as to get a visa from the quota starting October 2004. Like I said above we will be in no position to pay the prevailing wage until early next year by when it will be too late to apply for the H-1B visa and come March 15th 2005, I will have 60 days to leave the country or change status.

Does anybody see any other option for me to start my company?

Thanks,

Krymium

[krymium]

1. Is there a risk associated with leaving the country now and trying to return on my F-1 i.e. could I get turned down at the airport given my complicated immigration status and the fact that I am on OPT.

2. I would imagine there would be a tried and tested way for international students to start businesses in the USA given that so many have been successful in doing so?


Krymium

[krymium]

So there is no way for me to return to F-1 status unless I seek admission again to a school here?