Can a US company I own file a H1-B petition for myself?

K

kaizer

Registered Users (C)
I own 60% of shares of a US corporation and I'm currently living out of the US.

It would be possible for this company to file an H1-B petition to myself?
I hold a BS in Computer Science. The company is active with clients and projects and paying federal & payroll taxes.

I'd appreciate your advice.
 
kaizer said:
I own 60% of shares of a US corporation and I'm currently living out of the US.

It would be possible for this company to file an H1-B petition to myself?
I hold a BS in Computer Science. The company is active with clients and projects and paying federal & payroll taxes.

I'd appreciate your advice.
Click to expand...
Why H1 ? Why dont you do L1 ?
 
kaizer said:
I own 60% of shares of a US corporation and I'm currently living out of the US.

It would be possible for this company to file an H1-B petition to myself?
I hold a BS in Computer Science. The company is active with clients and projects and paying federal & payroll taxes.

I'd appreciate your advice.
Click to expand...

Yes, H1 is possible. In future, the GC is not possible thru this company.
 
milk said:
or much better...investor based Green Card if the revenue meets certain limit for this kind of immigrant visa
Click to expand...

We tried and Investor Treaty Visa E-2 last year and it was denied at the US consulate. The officer determined I didn't have strong ties with my home country, which is ridiculous since I was living in the US the last 5 years just before returning for applying.
Thanks for your advice.
 
EricS said:
Yes, H1 is possible. In future, the GC is not possible thru this company.
Click to expand...

Thanks EricS. My plan is applying for H1-B this year then obtain a family-based GC once in the US through my father who is becoming a US Citizen and will be filing a petition for me.

My only concern at this point after consulting with a couple of immigration attorneys is that they have told me I won't be able get an H1B through this company as I am a co-owner.

Appreciate you could throw me some light here.
 
kaizer said:
Thanks EricS. My plan is applying for H1-B this year then obtain a family-based GC once in the US through my father who is becoming a US Citizen and will be filing a petition for me.

My only concern at this point after consulting with a couple of immigration attorneys is that they have told me I won't be able get an H1B through this company as I am a co-owner.

Appreciate you could throw me some light here.
Click to expand...

Being a co owner should not be a problem for getting the H1. I personally know atleast 1 person who was a coowner in the company and was on H1 also from the same company. This was 5 years back. If USCIS has changed something then I do not know. No harm in trying though.
 
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