Legal Question in Immigration Law in California

h1-b visa sponsorship

I am currently a software engineer (in the bay area) for a company that has already sponsored my h1-b visa. I would ideally like to start my own consulting company and have this company transfer my h1b visa from my current employer. The initial financing that my own company would be $2k to $3k (from my own savings), very little!

I will try to get a contract starting on my first legal day of employment at my own consulting company (i.e. after the transfer has been approved). First of all, I guess my question is would my visa be entitled to get transferred? Second of all, how long might this process take? And lastly, how much would I be looking at for legal costs or can I do this myself?

Thanks


Asked on 2/17/01, 3:29 pm

2 Answers from Attorneys
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: h1-b visa sponsorship

sir: my retainer is $4000.00..please advise...see me @ www.bsandslaw.com...toll free...1877 bgscrim lyr

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Answered on 4/02/01, 7:13 am
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: h1-b visa sponsorship

Nope, you can't transfer the visa, especially not to a company that you own. I'm not sure what your country of citizenshi is, but if you are intent on starting a company of your own in the U.S. and working as an officer/employee, then I suggest the E (investor) visa. There are a number of requirements for this visa, though no set amount of investment capital. However, if you are thinking of investing only $1,000-2,000, I can absolutely guarantee that the visa will not be granted. I specialize in business visas, and my fees for developing an E visa application would be about $3,000 to 5,000. However, from what you have told me, you certainly would not qualify in terms of financial investment, and likely not in terms of business or management experience.

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Answered on 4/02/01, 8:47 am


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