Hello All,
My situation is very interesting and I am looking for some guidance!
I am an Indian citizen and have completed my MS from business school from a top tier US university 2 months back. I get OPT for 1 year only (as my MS degree does not fall under STEM classfication, being based in business school). Instead of working for a firm, I have decided to open a start-up in the same field as my MS degree. Since under OPT (EAD Card), I am free to open my own company, its not a problem. However, questions will come regarding my H1B and later on regarding my GC.
After doing extensive research on internet, it seems my company can file for my H1B, iff company has some revenue and customers and can generate cash to pay my minimum required wage. All this should happen within 10 months. I gather basically, USCIS wants to make sure that my company is not a fraud operation instituted to just file for my H1B, rather its a going concern and a viable business. Can someone please confirm this ?
Additionally even if my company is able to generate cash to pay my minimum wage, is there any chance that USCIS doesn't approve my H1B? If they do not, what are my options? Setting up an office outside US, working there for 1 year, and coming back to US on L1. Will this be an option?
Assuming I get H1B, what about GC later on. I am under the impression that my company can't file for my GC as I will own more than 5% stake. Is it correct? If my company becomes big, but I can't file for my GC from my company, what are my options? 1. Investing 1 mm $ in US and getting a GC through investor visa. Please note that today I am a student living in a frugal way, this will materialize only if my firm becomes big in 2-4 yrs. Is there any other way to get GC?
Any help and pointers are very appreciated. I am losing a lot of money by not taking a job and going on start-up path, I just want to make sure that later on it will all work out from the immigration point of view.
Kindly also provide guidance if any other visa class will be more suitable for me instead of going in the H1B + GC way.
Thanks a lot,
Rajiv
My situation is very interesting and I am looking for some guidance!
I am an Indian citizen and have completed my MS from business school from a top tier US university 2 months back. I get OPT for 1 year only (as my MS degree does not fall under STEM classfication, being based in business school). Instead of working for a firm, I have decided to open a start-up in the same field as my MS degree. Since under OPT (EAD Card), I am free to open my own company, its not a problem. However, questions will come regarding my H1B and later on regarding my GC.
After doing extensive research on internet, it seems my company can file for my H1B, iff company has some revenue and customers and can generate cash to pay my minimum required wage. All this should happen within 10 months. I gather basically, USCIS wants to make sure that my company is not a fraud operation instituted to just file for my H1B, rather its a going concern and a viable business. Can someone please confirm this ?
Additionally even if my company is able to generate cash to pay my minimum wage, is there any chance that USCIS doesn't approve my H1B? If they do not, what are my options? Setting up an office outside US, working there for 1 year, and coming back to US on L1. Will this be an option?
Assuming I get H1B, what about GC later on. I am under the impression that my company can't file for my GC as I will own more than 5% stake. Is it correct? If my company becomes big, but I can't file for my GC from my company, what are my options? 1. Investing 1 mm $ in US and getting a GC through investor visa. Please note that today I am a student living in a frugal way, this will materialize only if my firm becomes big in 2-4 yrs. Is there any other way to get GC?
Any help and pointers are very appreciated. I am losing a lot of money by not taking a job and going on start-up path, I just want to make sure that later on it will all work out from the immigration point of view.
Kindly also provide guidance if any other visa class will be more suitable for me instead of going in the H1B + GC way.
Thanks a lot,
Rajiv