Greencard processing in one-employee company

K

kunin

New Member
I work on H1B for a C-Corporation which belongs to an India-based company. I am the only employee of the company since incorporation! (All directors are Indians and no one lives in the USA.) The company is doing a decent level of business.

Now the company has agreed to sponsor for a greencard for me. Will there be any problem with labor / USCIS? How to do this?

Who should interview applicants reponding to employment advt?

At what stage DOL / USCIS will look at the company's profile?

I am very confused... Please help!
 
If it is fairly good business then ask your company to file in EB1. Get a good laywer in that case. Else your boss will have to interview from India.

Company profile will be looked in all stages for you. 140 is especially crucial as

1. Generally company's paying capacity is judged in 140.
2. Being a one person company right now - you may face additional checks.
 
Unfortunately EB1 has nothing to do with the company's reputation or its business successes. It has to do with requirements of the job and applicant's qualifications. EB1 category is for:

1) Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise,

2) Outstanding professors and researchers,

3) A multinational manager or exceutive.

If you think you qualify for this category and have sufficient documentation to prove that, go head and apply under EB1.

If you are the only employee in this company, expect to face more hurdles in your green card proces, no matter what EB category you file under.
 
As nkm-oct23 mentioned you need to be under any of the three categories. I belv a good lawyer can help you with

3) A multinational manager or exceutive.

and that is what I meant by EB1 filing for you.

I agree company's status has nothing to do with category, but that (financial status)will help in 140/485 stage.

You must get a good lawyer for the same.
 
Originally posted by Jharkhandi
As nkm-oct23 mentioned you need to be under any of the three categories. I belv a good lawyer can help you with

3) A multinational manager or exceutive.

and that is what I meant by EB1 filing for you.

I agree company's status has nothing to do with category, but that (financial status)will help in 140/485 stage.

You must get a good lawyer for the same.
Click to expand...

If you are the only employee in the US it will be very difficult to convince USCIS that your employer is a multinational and that you are a manager/excecutive!
 
nkm-oct23,

With due respect - please refer to:

http://www.irs.gov/pub/irs-pdf/f8832.pdf.

Before filling corporate taxes - you have to declare your company's origin. I am sure kunin - your company must have filled something like this before putting corporate tax papers.

Now once you declare then you are all set to claim that you are MNE(Multinational Enterprise) as referred by World Bank.

I am sure since owner is India company must be invloved with transfer pricing. Who prepares it? Do you Kunin? Then you are a multinational manager. Even if not - you will have to find role.

I would still agree with nkm-oct23 - it may be tough.
 
You must log in or register to reply here.
Top