Hello and thank you for your question.
Yes, it is possible that you could change your employment from your
current employer to employment by a company that you establish. But
your new company will need to be legitimately in the specialty
occupation that your H-1B visa was issued for. As you probably know,
a specialty occupation is one that ?requires theoretical and practical
application of a body of specialized
knowledge along with at least a bachelor?s degree or its equivalent.
For example, architecture, engineering, mathematics, physical
sciences, social sciences, medicine and health, education, business
specialties, accounting, law, theology, and the arts are specialty
occupations.?
H1B Frequently Asked Questions
http://www.ins.usdoj.gov/graphics/howdoi/h1b.htm
If this method is going to be successful, your American company will
have to be a genuine, operating company. Since your company will be
sponsoring you for the H-1B visa, your company will be required to
file a Form I-129 with the Immigration and Naturalization Service
(INS).
Form I-129
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-129.htm
The fact that you are the owner of your business does not disqualify
you from making this application, but you will have to be able to
convince the INS reviewer that it is an American business that needs
to bring you into the US. Since up to that point you will have been
running the business from abroad that may be a hard argument for you
to make.
H1B Frequently Asked Questions
http://www.ins.usdoj.gov/graphics/howdoi/h1b.htm#must
Changes to the H-1B Program
http://www.ins.usdoj.gov/graphics/publicaffairs/questsans/h1bchang.htm
Additional Links:
H1B Portability
http://www.schulzlaw.com/mschulz_h1gen.php#h1portability
Immigration Law Center
http://www.visaus.com/qualify.html
Google Answers (previous questions)
http://answers.google.com/answers/main?cmd=search&q=H-1b&qtype=all
http://answers.google.com/answers/threadview?id=156245
Google Search Terms:
"h1b" visa INS
h1b portability
Good luck and thanks again for your question. If you find any of my
answer unclear, I would appreciate your holding off on rating my
answer until I have an opportunity to respond to a request for
clarification.
Sincerely,
Google Answers Researcher
Richard-ga
Disclaimer:
This answer is general information, and is not intended to substitute
for informed professional, tax, legal, investment, accounting, or
other professional advice. |
Request for Answer Clarification by
xffmm-ga
on
29 Jun 2004 11:33 PDT
Richard,
Thanks for your answer. I need clarification on the Green Card part of
this process. I can get H-1B from the company I foundedd but can my
company also sponsor my Green Card (ie, labor certificate, I485, I140,
etc)? I know I can be a shareholder of the C corp but can I also work
for the company as a CEO with H-1B visa and being paid while applying
for my Green Card? Also to clarify things, the company I am planning
to found will be founded and operated in US not abroad.
Thanks in advance for your clarification!
|
Clarification of Answer by
richard-ga
on
29 Jun 2004 15:52 PDT
Hello again.
There's no reason you shouldn't be able to apply for a green card
while working under an H-1B visa.
"How Do I Apply?
To find out how you can apply to become a lawful permanent resident of
the United States, please click here to see Application Procedures,
which will help you identify what you need to do. After you submit
your application materials, you will be asked to go to a USCIS office
to answer questions about your applications.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to
apply for a work permit while their cases are pending. You should use
USCIS Form I-765 to apply for a work permit. You do not need to apply
for a work permit once you adjust to permanent resident status. As a
lawful permanent resident, you should receive a permanent resident
card that will prove that you have a right to live and work in the
United States permanently. Please see How Do I Get a Work Permit? for
more information."
http://uscis.gov/graphics/howdoi/legpermres.htm#apply
Of course, the green card process is complicated, and success will
depend in part on whether you qualify for a suitable preference.
http://uscis.gov/graphics/howdoi/LPRApplication.htm
I'm unaware of any prohibition on your being an owner of the company
that employs you, but you should assume that the offer of permanent
employment that will be the basis of your application will be looked
at closely:
"If you are filing based on an offer of permanent employment in the
United States, you should submit the following:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that your I-140,
Immigrant Petition for Alien Worker, has been received or approved by
INS (As of July 31, 2002, an interim rule was published in the Federal
Register allows for concurrent filing of Form I-485 with Form I-140,
if a visa number is immediately available.
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the forms"
http://uscis.gov/graphics/formsfee/forms/i-485.htm#eba
Similarly I'm not aware that the foreign ownership of the company is
prohibitive, as long as the business is legitimately being operated in
the U.S.
I hope that helps!
Good luck with your application
Richard-ga
|
