Getting H1 in a start up company

[kvasu1982]

I have joined in a small start up company and they are considering processing a H1 visa for me. I am currently on H4 visa. They only have 1 full time US citizen employed with them now. All others are part time. And they told me that there is a rule that the company should have at least 3 full time US citizens employed with them before they can process H1-B visa for anyone. Is this true? Is there anyway to get around this condition?

[Joe.F]

Originally posted by kvasu1982:

I have joined in a small start up company and they are considering processing a H1 visa for me. I am currently on H4 visa.

Hmm, then you haven't joined them. On H4, you can not work...

And they told me that there is a rule that the company should have at least 3 full time US citizens employed with them before they can process H1-B visa for anyone. Is this true?

No. The only rules are that the company certifies that they have been looking for people, that the company pays the prevailing wage for the job to an H1 employee, and that the company has the financial means to do so.

Is there anyway to get around this condition?

The company management is obviously not familiar with the H1. They should consult with an immigration lawyer.

[kvasu1982]

Thank you that is very helpful. I searched the USCIS website also to find such a rule and it doesn't seem to exist. They are not very familiar, but more familiar than other companies. So if I can get them to look into this, I might be able to actually join them for real.

Thank you.