PLEASE HELP...H1B with a startup consultancy???

A

adapa

Registered Users (C)
I am applying for my H1B through a startup company in Advanced Degree quota (I have around 5 years of full time experience in USA...currently working at a University with exempt-H1b). But this company does not have any employees at all. I will be the first employee. What are my chances of getting an approval? How does USCIS weigh this factor? (In I-129, some place they are asking what's the comany's Gross Annual Income, No. of employees and net income for all of these questions the answer would be zero as this is a start up company)...

Please advise on this as I have to decide whether to apply through this company or not very soon...I am worried about the left over quota ..5,000.....it reached 15,000 already....

Thank you very much,
 
It is difficult but not impossible.
Your company must have a verifiable office, proven business plan and confirmed project/job order in hand before even think of H1.

adapa said:
I am applying for my H1B through a startup company in Advanced Degree quota (I have around 5 years of full time experience in USA...currently working at a University with exempt-H1b). But this company does not have any employees at all. I will be the first employee. What are my chances of getting an approval? How does USCIS weigh this factor? (In I-129, some place they are asking what's the comany's Gross Annual Income, No. of employees and net income for all of these questions the answer would be zero as this is a start up company)...

Please advise on this as I have to decide whether to apply through this company or not very soon...I am worried about the left over quota ..5,000.....it reached 15,000 already....

Thank you very much,
Click to expand...
 
Thank you Great Guru!!

They have a verifiable office (but it's a residence - a home) and currently the XXXX Inc. has no employees but they are in some kind of corp-to-corp business with some revenue. I am sure XXXX Inc. do not have any projects in hand. But it is highly probable to turn the corp-to-corp contract into a direct contract. But there is nothing on the paper now. Some of my friends are telling me that, as I am currently in US and I have been on H1B for more than 3 years, USCIS 'd not be too strict on my H1 application. Is that true???
Other thing is what 'd their business plan look like in USCIS point of view?

I know they are supposed to hire an attorney who will take care of these things...but the problem is my friend (the president of the company) does not have any time & interest in doing the business actively. he is trying to help me out. And me I 'd hardly pool up money for USCIS fees. I really can't afford attorney fees. Me and my friend prepared all the documents other than this section of I-129 & related section of petition letter.

The other thing is, I can't think of loosing this money (non refundable USCIS fees -$1440) in case if USCIS decides to reject my H1 application.

Time is running out as the cap for advanced degree members is almost reached.

Please advise me on this at your soonest convenience.

Thanks a bunch,

best regards,

-adapa
 
adapa said:
They have a verifiable office (but it's a residence - a home)
red flag. separate office with lease agreement to prove.and currently the XXXX Inc. has no employees but they are in some kind of corp-to-corp business with some revenue. I am sure XXXX Inc. do not have any projects in hand.
XXXX can not hire and keep people in bench. So confirmed work order from a end client with contact phone number is must.

But it is highly probable to turn the corp-to-corp contract into a direct contract. But there is nothing on the paper now.
USCIS need everything in papers. For your 3 years H1 period your work itenary and your job description in each project in writing is must.
Some of my friends are telling me that, as I am currently in US and I have been on H1B for more than 3 years, USCIS 'd not be too strict on my H1 application. Is that true???
Even you stay 10 years in US, unless your employer have merit to hire you under h1, your h1 can not be approved. Your employer not obligated to hire any body under h1 to run his business he can hire locally.

Other thing is what 'd their business plan look like in USCIS point of view? If your employer does not know his business plan he is not even fit for running a business even a body shop.
I know they are supposed to hire an attorney who will take care of these things...but the problem is my friend (the president of the company) does not have any time & interest in doing the business actively. he is trying to help me out.
There you are!!!!!. This is not the right place for you. If you are late 90s it was OK, now things are changed. Better look for a better employer.
And me I 'd hardly pool up money for USCIS fees. I really can't afford attorney fees. Me and my friend prepared all the documents other than this section of I-129 & related section of petition letter.

The other thing is, I can't think of loosing this money (non refundable USCIS fees -$1440) in case if USCIS decides to reject my H1 application.
if you have confident on y0ur skill set look for a genuine employer first.

Time is running out as the cap for advanced degree members is almost reached.

Please advise me on this at your soonest convenience.

Thanks a bunch,

best regards,

-adapa
Click to expand...
 
Thanks for the in-detail reply Great Guru!

I am pretty confident with my skill set. I was working with a University for last 4 years (1 yr OPT + 3 yrs H1B) after my graduation with MS Comp Sci during recession period. Before that I used to work for a Supercomputer Center on my CPT.

As I never worked for a consultancy before and I hear all kinds of stories about many fraudulent consultancy firms, I am kind of skeptic about them. But in my current situation (I want to get out to the corporate world where the pay is more and more challenging jobs) with my current H1 (exempt) I cannot transfer to non-exempt companies. I am about to finish my MBA in this December and I want to complete it before I leave my current job & place. So if I want to get an non-exempt H1B, I think consultancies are my only option (In my opinion no large corp. will sponsor me for H1B - 6 months ahead- for me to start working in January 2007). Besides that most of the consultancies I contacted were asking me to pay around $2500 H1B fee and 1 year contract with them which I am not comfortable with.
That's the reason, I wanted to file with my friend's company. I am sure that he is not expecting any profit out of this deal now or in the future if I join his company.

I discussed your suggestion with my friend, he told me that he cannot change the address of his company (his home address) but he may be able to get a contract letter from the client with whom he is doing a corp-to-corp business with. Is that going to suffice the USCIS requirement? The XXXXX Inc has last year's tax papers (but the filed "LOSS" for last year - I think this may be a red flag too???). I don't know what to do now. I am giving up hopes.

I am thinking of waiting till Oct, 2007 quota, but again I will have the same situation. At the same time, I will be left with only 1.5 of years of my H1 time, which would not be enough if I decide to apply for my permanant residency.

Do you have any suggestions about what I can do in my situation? I can keep my current job as long as I want (and as long as USCIS allows) but I want better my career and pay. I think I deserve better than my current situation :( .

Once again, I greatly appreciate all your feedback on my lengthy questions. YOU ARE THE BEST. This time it's I will understand even if you don't respond to my posting. I know it's too lengthy a posting. I didn't mean to bug you. Just my unclear situation & frustration.

THANK YOU VERY MUCH...

have a great day,
 
adapa said:
I am pretty confident with my skill set. I was working with a University for last 4 years (1 yr OPT + 3 yrs H1B) after my graduation with MS Comp Sci during recession period. Before that I used to work for a Supercomputer Center on my CPT.

As I never worked for a consultancy before and I hear all kinds of stories about many fraudulent consultancy firms, I am kind of skeptic about them. But in my current situation (I want to get out to the corporate world where the pay is more and more challenging jobs) with my current H1 (exempt) I cannot transfer to non-exempt companies. I am about to finish my MBA in this December and I want to complete it before I leave my current job & place. So if I want to get an non-exempt H1B, I think consultancies are my only option (In my opinion no large corp. will sponsor me for H1B - 6 months ahead- for me to start working in January 2007). Besides that most of the consultancies I contacted were asking me to pay around $2500 H1B fee and 1 year contract with them which I am not comfortable with.
That's the reason, I wanted to file with my friend's company. I am sure that he is not expecting any profit out of this deal now or in the future if I join his company.

I discussed your suggestion with my friend, he told me that he cannot change the address of his company (his home address) but he may be able to get a contract letter from the client with whom he is doing a corp-to-corp business with. Is that going to suffice the USCIS requirement?
YES. Useful. Detailed letter with contract value , duration of project, nature of project and your role in the project, hourly rate.
The XXXXX Inc has last year's tax papers (but the filed "LOSS" for last year - I think this may be a red flag too???). company loss will come in to picture while filing your green card. I don't know what to do now. I am giving up hopes.

I am thinking of waiting till Oct, 2007 quota, but again I will have the same situation. At the same time, I will be left with only 1.5 of years of my H1 time, which would not be enough if I decide to apply for my permanant residency.

Go to job web site try to apply. so many corporations are willing to sponser H1 if your skill sets match with their requirements. Also try indian web sites for US openings naukri.com. Try atleast 50 places you will get one, you need one only. If nothing works out take a chance with your $$$ with your friend company.Do you have any suggestions about what I can do in my situation? I can keep my current job as long as I want (and as long as USCIS allows) but I want better my career and pay. I think I deserve better than my current situation :( .

Once again, I greatly appreciate all your feedback on my lengthy questions. YOU ARE THE BEST. This time it's I will understand even if you don't respond to my posting. I know it's too lengthy a posting. I didn't mean to bug you. Just my unclear situation & frustration.
Update your resume start sending at least 50 places with in month time.

THANK YOU VERY MUCH...

have a great day,
Click to expand...
 
Thanks again!

YES. Useful. Detailed letter with contract value , duration of project, nature of project and your role in the project, hourly rate.

>>> But the thing is I can only start working in January, how can any one give a contract in advance (5 months before) for a job? Does is it happen? How can any one justify that? If it does not generally happen, USCIS would doubt the contract right? Am I being too ignorant here???


THANK YOU VERY FOR ALL YOUR ADVICES.

I OWE YOU.

have a great day,
 
adapa said:
YES. Useful. Detailed letter with contract value , duration of project, nature of project and your role in the project, hourly rate.

>>> But the thing is I can only start working in January, how can any one give a contract in advance (5 months before) for a job? Does is it happen? How can any one justify that? If it does not generally happen, USCIS would doubt the contract right?

USCIS need a verifiable letter saying that your sponser have definite contract from the client. Do not go too much in details.

Am I being too ignorant here???


THANK YOU VERY FOR ALL YOUR ADVICES.

I OWE YOU.

have a great day,
Click to expand...
 
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