Setting up business - OPT STEM


agfx

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Hi, 

 

I am currently on OPT STEM extension (valid until Sep 2015). I wish to start up a business here. I am currently employed Full time, with H1B being filed for this year lottery. It would be great if someone can help me with the following:

 

1. Should I start an LLC or a C-Corp?

 

2. Since I OPT STEM allows multiple employers, can I keep my job AND run the company? I believe I can't just be a passive investor in it without having a local resident as owner?

 

3. What will be my options to stay here post Sep 2015? Anything outside EB5 GC application?

 

Thanks,

AG

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2. Since I OPT STEM allows multiple employers, can I keep my job AND run the company? I believe I can't just be a passive investor in it without having a local resident as owner?

 

3. What will be my options to stay here post Sep 2015? Anything outside EB5 GC application?

 

Thanks,

AG

 

AG,

 

Being on OPT and working for your own company is one thing, but it becomes more complicated on H1B. That being said, the Murthy Law Firm routinely handles these cases. I suggest you read the following:

 

“Entrepreneur” H1B Petitions: A New Option for Start-Up Companies?

 

As for a green card case, a PERM case generally cannot be filed on behalf of an owner of a company. A national interest waiver (NIW) case may be possible, but you would have to meet the standard requirements for this category.

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AG,

 

Being on OPT and working for your own company is one thing, but it becomes more complicated on H1B. That being said, the Murthy Law Firm routinely handles these cases. I suggest you read the following:

 

“Entrepreneur” H1B Petitions: A New Option for Start-Up Companies?

 

As for a green card case, a PERM case generally cannot be filed on behalf of an owner of a company. A national interest waiver (NIW) case may be possible, but you would have to meet the standard requirements for this category.

 

Thank you for providing first useful and constructive reply to my questions. This is definitely useful. However, I wish to understand if Entrepreneur H1B also applies to transfer H1B? I ask because in all likelihood(if selected in lottery), I will get my H1B this year.  If transfer is an option, I can continue working my job for some more time before we apply for transfer. 

Otherwise, i would get my H1B application withdrawn and then in Apr 2015 I would apply for H1B Entrepreneur. I will still be on STEM till Sep 2015. 

Also, how can I contact you for consultation?

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