H1B Layoff, want to start own

A

Arun Mehta

Registered Users (C)
Hi,

I and my two friends were laid off today. Two of us are on H1 and the third is on GC. We want to start a new company of our own. How do we do that?

1. Can we start a company among ourselves and be H1 holders of the same company?

2. To sponsor H1 visas, does a company have any statutory requirements? Our company size is going to be 3 employees of which 2 will be on H1 at the start. Will this matter?

3. Will the above scenario matter for GC processing?

Thanks
 
Am in the same bucket...

Hey Arun,

I\'m in the same bucket as you are. I was laid off a couple of weeks ago & am looking at opening a company as well.
If you could provide me with any pointers that you have gathered so far, I\'d very much appreciate it.

immquest@yahoo.com

Thanks
Aspen
 
Starting your own business

Guys,

I spoke to an attorney today abt. this:
If you hold an H1, you can be a partner in a company...i.e: you can invest money BUT you cannot take out any profits.
If you are a partner in a business(eg: XYZ Consulting) then XYZ Consulting cannot sponsor your GC,
however if you are just an employee(& not a partner) at XYZ, then XYZ can sponsor your GC.

Ridiculous...
 
then maybe you can do this.

Let your wife be a partner and you be an employer, then
everything seems OK now.
 
Caution

Be VERY careful... U might end up nowhere. Hire an attorney and take his/her advise. Don\'t rely on the newgroups alone. This is more complex than it seems. Last thing you want to see is INS charging you with immigration fraud even if you don\'t have that intention.

Just my 2 cents.

EM
 
Different answers for H-1 and GC

For H-1s you will only need to show that there is an actual company and that the company has the ability to pay the offered wage. This could be an up hill battle for a startup corporation.

Corporations may not sponsor GCs for owners since there is no way to convince INS or DOL that a job really exists for a US worker.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
if you can produce some income, you can have your own company.

I know many people who did this. My own employer did this. We were working for him like crazy people. What you need is a good lawyer who explains you this process and your capacity to prove eventually that your company is producing money and paying proper wages. You can sponsor your own H1. Like i said you should have courage and money.

GOODLUCK
 
You must log in or register to reply here.
Top