Start new Company and Process Green Card

H

Hiroiz

Registered Users (C)
I am on H1-B a citizen from India. I am not in a position to file my GreenCard with my existing Company. I am planning to open a New Company which can file my GC.

I don't want to open the Company in my name because it will be difficult to convince INS so I have a friend who is ready to Start a new Company who is on GC going to be Citizen in a year.

My question is how complicated it is to open an INC. and how soon after opening the new company can I file for my H1-B transfer if you don't have much financial history of the Company. After H1-B is transfered how long should you wait before filing the GC ( I have 4 yrs left on my H1).

Also suggest in which state should we open the company to make GC process speedier and smoother ( possibly without Kick back).

If anyone has done something similar pl. suggest couple of lawers who can help me in this whole matter.

Any help or suggestion will be highly appreciated.

Thanks,

Hiroiz
 
Re: Re: Start new Company and Process Green Card

Originally posted by JoeF
You can not get a GC through a company you or a relative own 5% or more in.
It doesn't matter if the company is in your name or not. Who is owning the company, you or your friend? As stated above, you can not get a GC through a company you have own 5% or more.
If you don't know anything about it, be prepared for a steep learning curve. These things are best done with the help of qualified CPAs or business lawyers. You need to have company bylaws, for example, so you would need to know how to formulate them.
Also, you probably will have to formulate a business plan.
The company will have to convince BCIS that it can pay the salary. Without a financial history, a business plan becomes very important. The same holds for any GC application, with the additional consideration I mentioned.
It doesn't matter where a company is registers, it matters where it does business.
Click to expand...
 
Thanks for your prompt reply. This is in conjunction to the queries raised by you.

I am not going to own the company nor the owner is in anyway my relative. He is just a friend. I won't be having any financial gain from the operations of the company.

Moreover how complicated is transfering of H1 to a fresh company and how long does it take.

BTW we will get offer letters from different companies who are ready to give business to our company in near future so will this help in formulating the business plan as the company doesnot have financial histroy but based on which it can prove that it can pay the salary.

Moreover the question where to form the company was asked because the Processing times for GC are different based on the Locations, so will it help to clear the application faster in an area from which they get less applications like Delaware in comparision with NY, NJ or CA. By the way the company is going to be in consulting business so physical presence does not matter much. We can register the company anywhere and operate from any place. Can I apply for GC from Delaware if the company is registered in NY and operates in Delaware (atleast on Paper)?

thanks,

Hiroiz
 
I have my project ready and as of now no other employee is planned. BTW I will get some special treatment so that won't be the issue.

Now the question where company operates is that can you just put any business address from where you can receive your mail from as for consulting you don't need any specific location. So as per your information the company can be incorporated anywhere and give the business address of the state where you want to file the GC applicaiton in order to expedite the LC process as the remaining process takes same time anywhere.

One more question is that can you register a company on resedential address and file GC after transfering the H1 as I don't understand how can one determine whether the address is resedential or business unless one physically inspects it.

Pl. comment.

Thanks

Hiroiz
 
JoeF

No the sole purpose of starting the company is not GC but decreasing the cut my current company ( and give that margin to my friend) who are taking from my billing rate for the project I have found myself and on contrary to that they are not even talking about filing my GC till I pay for it and I don't know whether I will be with them till I get my GC done.

But I would say that in the long run GC is also on the cards any by the way it is the long term goal of almost every guys who come here on H1. If you think I am taking the process to be very easy than that's not the case, so I am here on this forum to get some valuable advise from experienced people like you and someone like me who must have done something similar in past or is currently in the process.

If I am still missing on any important points pl. give your suggestions and I will appreciate it.

Thanks

Hiroiz
 
I must say you are a hard to convince guy. I took all your advice and would seriously try to follow it. If you know any immigration lawyer who can help me with my case then pl. suggest.

Thanks again.

Hiroiz
 
So can I incorporate it as "C" corp?

Since, "S" corp requires US citizenship..can I incoporate an "C" as an H1 B holder?
 
C or S

Whatever the corporation, to get I 140 approved the new company must show atleast 3 years operation with substatial fund in accound, and show profits. Period.
 
You must log in or register to reply here.
Top