Need advise from JoeF, UN and experts

[radd]

Hi,

I have been a member of this forum for 2 months and I have learnt a lot from this forum especially from JoeF and UN (Even though i'm yet to get to I140, I have learnt alot from your archived posts there). Both your contributions to this forum is emormous and greatly appreciated.

I am currently on H1 and and have my labor pending in PBEC. Due to some situations I am planning to leave my employer. A family friend (a gc holder) and my wife (H4 ) are planning to start a consulting company. Can I transfer my H1 to that company even though it is new? I have a long term contract with my client and they will be willing be sign a new contract with the new company.

Also, can I start a new GC process through this company although it is new? Will I have any problems? I know that potential issues would be salary and ability to pay.. I would draw a competitive salary and since my client would sign a new contract (a year at a time), there would be no problem with ability to pay.. Although, there might not be a significant amount in the bank account initially, maybe in the amount of 4 mths salarys of mine and the CEO (family friend). I understand my wife cannot work and she will not. Comapny will be fully managed by CEO. I read about the new memo and I think working in my wife's company and getting GC would not be a problem, unless they amend it. Is that right?

Just to be on the safe side, my pending GC with my curretn employer will continue on the basic that it is for future employment.

I am going to consult a lawyer but would like to run it through you guys as you guys are very knowledgeable.

thanks,
radd

 

[radd]

As long as the company can convince CIS that it can pay your salary, sure.
You can not get a GC through a company that you or a relative own 5% or more in, unless you get in addition an affidavit of support from a US citizen or PR. In addition, the affidavit has to come from a relative who owns 5% or more of the company (INA 213A.)
The memo you are talking about only applies for AC21. The general provision in the immigration law that prohibits the use of your own (or a relative's) company to sponsor a GC still stands.

Thanks JoeF for the response. What if my wife is out off the mix. Can a new company, sponsor my GC? Do they need to show certain no. of years of operation or certain no. of employees to sponsor GC?

thanks,
radd

 

[radd]

They need to show the ability to pay the salary. For established companies, tax returns are usually used for that. For new companies, a business plan, contracts, money in the bank, etc. can be used.

Thanks JoeF. I knew I could get good advise from you.

radd

 

[radd]

your better to get your wife out of the mix. It will cause problems from an affidavit of support issue and at the PERM labor stage.

Perm labor asks if there is a family relationship between owners and alien being sponsored.

In terms of how big the company is; on all applications it asks when company was established, number of employees, on h-1 and I-140 it asks gross and net income.

As joef stated as long as it has ability to pay you the proffered wage then you should be o.k.

The perm labor may be a little more scrutiny. When it is a new/small company you get on their radar to determine if you really tried to seek out qualifed americans for the job opening.

Thank you for your response UN,

how can the new company convince CIS on the H1 transfer. I would be the first employee, (apart from the CEO).

What range of bank balance is a safe bet? Would a line of credit work too?

1 client, 1 employee, 1 management person... is this possible? Of course the company would expand in the near future with more contracts and employees. But I am worried about me being the first H1 and first GC.

thanks,
radd