CPT - My business / company

[patakamuzk]

Okay, so I'm currently on CPT. My employer basically had to issue me an appointment letter, which I had to submit to the University, along with my my job description. And my Employer had to sign an agreement form with the University stating that I will be working under the required guidelines etc. 

My question is, if I start my own company, like a LLC, or something, it can just as easily hire me, in a formal sense, through which I can submit a CPT application to my University for working in my own company. This is along the lines of an F1 trying to start a business while on OPT, or an H1b trying to self - petition. 

I hope you get the idea.

And let me know, if you are in fact an authority on the subject, your views, opinions, feedback regarding this.

Cheers, and best wishes! 

PM

[JoeF]

That would be abuse of CPT.

It would permanently kill your career in the US.

[jairichi]

Okay, so I'm currently on CPT. My employer basically had to issue me an appointment letter, which I had to submit to the University, along with my my job description. And my Employer had to sign an agreement form with the University stating that I will be working under the required guidelines etc. 

My question is, if I start my own company, like a LLC, or something, it can just as easily hire me, in a formal sense, through which I can submit a CPT application to my University for working in my own company. This is along the lines of an F1 trying to start a business while on OPT, or an H1b trying to self - petition. 

I hope you get the idea.

And let me know, if you are in fact an authority on the subject, your views, opinions, feedback regarding this.

Cheers, and best wishes! 

PM

Very simple, you cannot do it. It is illegal. 

[t75]

It certainly looks like you intend to commit immigration fraud. Play by the rules or go where the rules are more to your liking.

[patakamuzk]

Jesus! Can't a guy ask a question without being judged for it? 

I can't even have a thought without being ostracized? 

Who are you people? 

I'm referring to t75 above; guy just jumped on me like I'm some criminal in the making or something...

Anyway, thanks for the replies, regardless.

Mind backing up your replies with a reason, i.e. citing some kind of legal explanation to your opinion? 

Where does it say this can't be done?

It's not like I'm trying to abuse the system.

I was only trying to consider it with regards to the fact that it's something that can be done as an OPT or H1b, or so I've heard.

[jairichi]

Jesus! Can't a guy ask a question without being judged for it? 

I can't even have a thought without being ostracized? 

Who are you people? 

I'm referring to t75 above; guy just jumped on me like I'm some criminal in the making or something...

Anyway, thanks for the replies, regardless.

Mind backing up your replies with a reason, i.e. citing some kind of legal explanation to your opinion? 

Where does it say this can't be done?

It's not like I'm trying to abuse the system.

I was only trying to consider it with regards to the fact that it's something that can be done as an OPT or H1b, or so I've heard.

I think for you EB5 is a viable option where you invest 1 million to 5 million dollars and get a green card. Nothing to worry about CPT or F1. Talk to an independent attorney.

[JoeF]

Jesus! Can't a guy ask a question without being judged for it?

You have been told that what you are trying to do is illegal.

It seems you don't like to hear that.

Geez, how can you even come up with such an idea???

Consider this a lesson learned, and stay within the law.

[JoeF]

And the LAW says what you are trying is illegal.

You can't even run your own company to begin with. That's a fundamental thing in the law. You don't have work authority off-campus on F1.

[catx]

I was only trying to consider it with regards to the fact that it's something that can be done as an OPT or H1b, or so I've heard.

 

The reason for the blunt posts by others is that all too often people make these type of inquires with an eye to gaming the immigration system, especially with the amount of abuse of CPT employment authorization (e.g people enrolling in college / university simply to get CPT employment authorization as a way around a H-1B visa versus studying and getting a degree).

 

With respect to what you have heard, it is not correct.  If you want proper advice, then consult with a legitimate, qualified, experienced immigration attorney.  That is the only way you will know what you legally can and can't do.

[patakamuzk]

The reason for the blunt posts by others is that all too often people make these type of inquires with an eye to gaming the immigration system, especially with the amount of abuse of CPT employment authorization (e.g people enrolling in college / university simply to get CPT employment authorization as a way around a H-1B visa versus studying and getting a degree).

 

With respect to what you have heard, it is not correct.  If you want proper advice, then consult with a legitimate, qualified, experienced immigration attorney.  That is the only way you will know what you legally can and can't do.

 

Right, I totally understand that. I can't speak about all those things. People even come here, turn illegal, then get married, and yipee, they're citizens in three years. I just met out the other day. And it's their choice what they want to do, as only they have to face the consequence of their actions.

 

My question was quite a legitimate one, because in any mature circumstance, it would be plain to see that an individual that is entrepreneurially driven should be treated with the same dignity and respect as one that is satisfied with being an employee, and not like some punk who's trying to dog the system. 

 

I feel like everything is becoming more and more conservative these days. And the kind of freedom and fresh air that we were looking for, when we first dreamt' about coming to this country is slowly bur surely dwindling away. The only problem is that there is no other place that is actually replacing this one! 

 

It's a fugazi I tell you! 

[catx]

My question was quite a legitimate one, because in any mature circumstance, it would be plain to see that an individual that is entrepreneurially driven should be treated with the same dignity and respect as one that is satisfied with being an employee ...

 

While you may be correct in theory, most ('western') country's immigration systems require a significant investment and commitment for an entrepreneurial based visa. In the U.S. it is an EB-5 employment based fifth preference category immigrant investor visa, which requires minimums of $500,000 capital investment and creating 10 full-time jobs for U.S. workers within 2 years.

 

There are lots of examples of foreign students wanting to startup companies upon graduation, especially in high tech, but there is no visa that allows them to do it. Proposed changes ('reform') to the immigration system does not look to be making any changes in this regard (and is not likely to happen regardless). It is worth noting that such startups are to develop and sell their own products versus consulting. A visa for a consulting startup, especially for ones self, will not happen.

[dream16]

You will be "BARRED" from US for "PERMANENT", think a gazillion times before "Empty Rumors" jail you for life, i know people "personally" who have been "DEPORTED" because of such activities.

[patakamuzk]

EB-5 isn't what I had in mind, it's a bit beyond my budget, not to mention the stress of hiring ten employees.

But, thanks again, everyone, for your feedback.

It's obvious now that what I was thinking shouldn't be considered any further. 

[dream16]

If Eb5 was under budget, then i am sure - millions of desis flocking in lines and literally ready to kill for a GC would not have wasted years and years under eb2/eb3