Can my wife's company sponsor her H1?

H

He-man

New Member
Hello,
I am on an L1 and my wife is on L-2 and holds a valid EAD.

1) Can she form a C-Corporation? she is planning to start a consultancy.

2) Can this Corporation sponsor H1B visas and/or GCs?

3) Can this corporation also sponsor a work permit/visa for my wife and/or myself?

4) If I accept another job-offer and my status changes to H1, what happens to the corporation? Because my wife's EAD will no longer be valid. Would she have to appoint a resident/citizen in any position in the company to keep it functioning?
 
HI JoeF,
Thanks a ton for the replies. I have some more related questions...

1) Can my wife's corporation sponsor my or her own H1 (not GC)? If yes, Can I run my wife's company using my H1, where my wife is a passive investor and I am an employee?
What's the definition of running a company in INS terms?

2) Are there any minimum requirements (apart from a Tax id) for a corporation to be able to sponsor a H1?

3) Until I start working for the corporation that sponsors my H1 (and is approved), my status would still be on my current L1. Right?
So until I choose to switch jobs and start using my approved H1, I'm still on L1 and my wife's EAD is still valid.
Is that right?
 
He-man,

In order to keep your current L1 visa status, what you could do is to file a H1 visa application without Change of Status. In that way, you can keep L1 until the point of the time you active your H1.

As such, your wife can keep hers as L2 too.

Regards,
Tracey
 
It works, JoeF. Especially in this year, as there’s a H1 quota issue, many L1 holders have to grab one well before their current Ls expire.

As far as I understand, you have a H1 approved doesn’t grant you the status of the H automatically. Technically speaking, you need to apply and obtain the H stamp at a U.S. Consulate abroad and ‘active’ it when using it re-enter the country.

Best Regards,
Tracey
 
JoeF,

If you apply a H visa without Change of Status (consult a lawyer on how), there will be no I-94 attached with the approval notice. Please note that there will be overlapping period of time in this case. But your status is clear as it is specified on your current I-94, that is, you are still on L until a date, even it’s overlapping with the start date on your H approval notice.

Sometime after this start date, you want to change your status, what you would do is simple: obtain the H stamp and use it to get a new I-94. Thereafter, you changed your status from L to H, and you are on H now.

Best Regards,
Tracey
 
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