Non-immig. related

Status
Not open for further replies.
P

PalaniappanRajaram

Registered Users (C)
With regards to an immigrant (say GC holder) starting a company, what are the restrictions when it comes to hiring someone on H-1B or transferring an existing H-1B to your company? Could someone comment?

Thanks
 
start GC paperwork and file immediately for new employees, then you are fine for your business. So that they don't get trouble with with desi employer.

Originally posted by Palaniappan Rajaram
With regards to an immigrant (say GC holder) starting a company, what are the restrictions when it comes to hiring someone on H-1B or transferring an existing H-1B to your company? Could someone comment?

Thanks
Click to expand...
 
There is no restriction at all. As long you can pay a H1B no problem at all. I don't even think you have to show your company's tax record for hiring H1B.
However, if you want to sponsor the employee for GC it is a lengthy and more rigorous process. You have to be financially stable to do that.
There is an employer's thread in this web site. I hope you will get more insight idea there.

Originally posted by Palaniappan Rajaram
With regards to an immigrant (say GC holder) starting a company, what are the restrictions when it comes to hiring someone on H-1B or transferring an existing H-1B to your company? Could someone comment?

Thanks
Click to expand...
 
Thanks ...

Thanks julyrfe & Arn!

My question was more from the perspective of my being a foreign national even though I have a GC. The scenario is as follows:

The company's proprietors are NOT US citizens. So, can a company not owned by US citizens file for H-1B or GC, regardless of the length of the process? This seemed like a conflict of interest because H-1Bs or GCs can quickly form a company and hire more H-1Bs. Is that concern baseless?

Also, I was under the impression that at least one of the owners need to be a citizen in order to hire foreign nationals. Is that untrue as well?

I understand now, that there is an employers thread / section and I will pose this question there. But, if anyone out here (other than Indiatoday/Sharabi/bombaiya/bombaywall/Topiwalla) has any information on this subject, please comment.

Thanks again.
 
The owners need not be US citizens to start GC or hire H-1 people. In fact they need not have GC to do that. Even H-1 holders can start a company and hire H-1's if they prove that they are paying market rate. They can also start GC process for those employees and all they have to do is show that they are not displacing any US citizen's jobs.
 
I am not sure about your statement that "Even H-1 holders can start a company and hire H-1's if they prove that they are paying market rate." Well this may be true in very rare and limited type cases, in general it is not true. A bank will not even give loan to a new entreprenuer who is a temporary worker in US. However H1 employee could work in a firm where he ownes part of the company but not a mojor share. Anyway dealing with these kind of cases is very complicated and I wouldn't suggest antbody to go in that route.

Originally posted by frantic
The owners need not be US citizens to start GC or hire H-1 people. In fact they need not have GC to do that. Even H-1 holders can start a company and hire H-1's if they prove that they are paying market rate. They can also start GC process for those employees and all they have to do is show that they are not displacing any US citizen's jobs.
Click to expand...
 
Originally posted by Arn
IWell this may be true in very rare and limited type cases, in general it is not true. A bank will not even give loan to a new entreprenuer who is a temporary worker in US. However H1 employee could work in a firm where he ownes part of the company but not a mojor share.
Click to expand...

I dont think that might be true. If I remember right, KB Chandrasekhar who founded exodus.com did not have a green card. His worth was around $300M at one point of time!
 
Thanks PatienceGC for mentioning that. However you have to admit with me that this falls under limited and rare cases. I also said that this is possible but only in limited scenarios.

Originally posted by patienceGC
I dont think that might be true. If I remember right, KB Chandrasekhar who founded exodus.com did not have a green card. His worth was around $300M at one point of time!
Click to expand...
 
H1B can own a company

As far as I know H1B holder can own a company but cannot work for that company. The company cannot process H1 for that person because of conflict of interest.

This is what a lawyer told one of my friends who was interested in starting a business. But with GC, I don't think there is any problem in hiring H1 employees! Sooner or later, you may have to prove that your company is financially good to pay those employees!
 
With H1B, you can start a company, hire people on H1, do GC processing etc. There are no legal restrictions. But there will be practical restrictions. If you sponsor H1 visa for some one then BCIS will look at the financial ability of your company.
 
Status
Not open for further replies.
Top