Legal Question in Immigration Law in California

Can a H1 holder own and work for his LLC

Hi,

Iam on H1 and own an LLC, Can I transfer my H1 to my own LLC and work for it. Also is it possible for me to do H1 visas for others via my LLC. I highly appreciate your reply.

Also provide me the contact details for an attorney around Sanfrancisco area.

Thanks,

Mark


Asked on 1/07/06, 3:29 pm

2 Answers from Attorneys
Antonio Maldonado Maldonado Myers LLP

Re: Can a H1 holder own and work for his LLC

You should provide in your question more information about your business.

If you have just formed a shell LLC without an actual ongoing business interest then you can forget about getting an H-1B from your own company. However, it is possible in some situations where the company is at least a small company with a strong financial track record, an employer of several employees and it is compatible with the business's nature to require hiring a specialty occupation worker with the H-1B worker's background.

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Answered on 1/08/06, 1:02 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Can a H1 holder own and work for his LLC

If your position with your LLC requires a bachelor's degree in a specialty area, and you have the corresponding degree or experience, then your LLC can sponsor your H1B. Your LLC also can sponsor other people in similar situation.

For small business, it's important that your LLC have enough work so that it makes sense to hire employees.

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Answered on 1/09/06, 9:58 pm


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