H1-B in a Brand New Corporation

[kunal shah]

We are going to establish corporation for a new company.. we have everything ready, business plan, products we going to launch, building lease, Investment, employees...right after establishing corporation we will be working in a company..

Can I file an H-1 on new corporation..?

[Joe.F]

Who is "we"?

If you need work authorization, you can not be involved in any of these things you mention.

You could only be a passive investor.

Also, as passive investor you have absolutely ZERO input into who the company hires.

[kunal shah]

They are 4 partners... 3 are working partners and 1 is an investor...

I would be rather being like an employee and at later stage corporation will file for Greencard..

My question is.. if they file a new corporation in cominig one month.. and start the new company.. can they file my H-1 in that.. Job function perfectly suit my qualification, experience and education..

[Joe.F]

Originally posted by kunal shah:

They are 4 partners... 3 are working partners and 1 is an investor...

I would be rather being like an employee and at later stage corporation will file for Greencard..

My question is.. if they file a new corporation in cominig one month.. and start the new company.. can they file my H-1 in that.. Job function perfectly suit my qualification, experience and education..

Forget it.

Nobody would believe that you didn't have any input in the H1 filing.

Why would the company file an H1 for you, and not for somebody else? Because you are a co-owner, an investor...

Did you discuss this with the rest of the company? Did you even hint that you are qualified? That would already be a red sign.

Don't think CIS is stupid.

A company filing an H1 for a co-owner looks very fishy. It looks as if you had an active involvement. It looks as if you asked the management to file an H1 for you. You and the company would have to have clear evidence that this was never discussed, not even hinted at.

And for a GC, if a company you or a relative have a 5% or more ownership interest in files a GC for you, you would have to have an additional affidavit of support from a US citizen.

These are all things that should not even be tried without a very good immigration lawyer.

[kunal shah]

I did discuss with the company management... and they are ready to file a H-1 for me...

In a corporation there would not be my name in it as a co-owner.. My spouce is also H-1 and they will put her name as a Silent partner..Because H-1 , somebody can own a business but can not work for them actively..

There will be other employees which they are going to hire in coming months when project will be ready for manufacturing...

So in this case, What is your openion Mr. JoeF?

[Joe.F]

Originally posted by kunal shah:

I did discuss with the company management... and they are ready to file a H-1 for me...

Then you actively participated in the business, and that's not allowed for you.

In a corporation there would not be my name in it as a co-owner.. My spouce is also H-1 and they will put her name as a Silent partner..Because H-1 , somebody can own a business but can not work for them actively..

That is irrelevant. You put your spouse name there, that means it is YOU who is the silent partner.

Again, forget trying to get around the immigration laws. Don't even think about doing something shady like hiding the fact that you would really be the "silent partner."

There will be other employees which they are going to hire in coming months when project will be ready for manufacturing...

As passive investor, you should not even know any of that.

Everything you have posted indicates that you are actively involved in the business. THAT'S the problem.

Don't discuss business details, like H1 stuff, like that the company has to hire more people, like when something is or isn't ready for manufacturing. Your ONLY input can be money, nothing more.

And don't even think about using your spouse or any other relative as a pro-forma "investor."