H1B Layoff, want to start own

A

Arun Mehta

Registered Users (C)
Hi,

I and my two friends were laid off. 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
 
you can not do that

because you need h1 sponsor, your own company does not qualify that. But if you hold EAD and is hired by the guy who holds green card and your salary meets I-140 number. You will be ok. But now, I suggest you trying to find a job as quick as possible.
 
Yes!

Yes, you can certainly start your own company and sponsor your own Green Card. There are, however, some intermediate complications that will have to be resolved with the help of an immigration attorney.
 
DOL will almost certainly refuse certification of an LC for a corporate officer

It will be difficult to show that an owner will hire someone else in his place if a qualified US candidate presents himself. I\'ve never seen DOL buy it. Unless your qualify as a person of Extraordinary Ability you will not be able to get a Employment Based GC this way.

Jim
 
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