Can I transfer H1b to a US company in which I am 50% stakeholder


johnmp75

Recommended Posts

I am currently in US on H1b working for employer "A". I am starting a new company "B" in US in which I will own 50% stake and another US citizen will own 50% stake. Can I transfer my H1b with employer "A" to the new entity "B" in which I am 50% owner and then eventually file a green card once my H1b is transferred to company "B".

 

Thanks,

J

Link to comment

Working on H1B and a GC for a company in which you have a significant ownership is a problems. You should sit with an immigration attorney to go over possibilities.  If all it took was ownership in a small business to get US GC, every potential immigrant would take the $50 it costs in many states and form one.

Link to comment

I am currently in US on H1b working for employer "A". I am starting a new company "B" in US in which I will own 50% stake and another US citizen will own 50% stake. Can I transfer my H1b with employer "A" to the new entity "B" in which I am 50% owner and then eventually file a green card once my H1b is transferred to company "B".

 

Thanks,

J

 

YOU can't transfer anything. If you do the paperwork, it would be unauthorized work. If you tell your partner to do the paperwork, the act of telling the partner to do it is also unauthorized work.

 

And further, you can NOT get a GC through a company you own 5% or more in, unless you have an affidavit of support from a US citizen.

Link to comment

Archived

This topic is now archived and is closed to further replies.