H1B Visa as an independent contractor?

[LegWeak89]

Hi all,

I am a UK citizen but am hoping to re-locate to Southern California permanently to live with my American girlfriend. Subsequently I am currently in the US as a tourist seeking companies who will offer me H1B visa sponsorship. I am a commercial real estate industry professional with 2 years+ experience in the UK and Australia as well as a bachelor of sciences degree in the field.

I have been offered H1B sponsorship with a real estate firm, however they are unable to employ me directly as their business is purely based on commission, i.e. I work under their name and use their office however will not be paid directly but will be paid by the money I make on real estate sales.

Is anyone able to advise me if I can gain H1B as an independent contractor in this manner?

I am not sure if the new 2010 memorandum creates a loophole that I can exploit?

Any advice would be greatly appreciated.

Thanks

[JoeF]

AN H1 is only possible for an employee. On H1, you can never work as contractor.

Also, on H1, you have to get paid a guaranteed salary.

And forget the word "loophole." That only invites trouble. Do things the right way.

[t75]

Keep looking for a job that is appropriate for H1B sponsorship. Make use of your foreign experience in your search.

[wiweq]

If you are planning to marry in 90 days, you can go with K1 visa.