Legal Question in Immigration Law in Florida

susan here

Please answer these 2 questions.

1- How much is it for my consulting company to start up to apply to take computer professionals on as consultants.

2- If someone who is in the usa working for an employer on an h 1 visa and has started his own corporation and I want to pay his corporation a fee so the person on the H 1 who owns the corp to answer phones for me. This way I dont have to transfer his H 1 visa (if he is not a consultant) I will just pay his corp so he can answer the phones for me. Is this a legal way of doing it?


Asked on 3/04/09, 1:22 am

1 Answer from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: susan here

The H-1 employee has only been authorized to work for the employer listed on his approval. If you hire him without filing a petition to transfer him (or to seek part time work, which is permissible, but still needs a petition), then you will be hiring someone who is not authorized to work for you. Hence, your plan is not legal since even if the company he works for send him to work for you, this may fall into problems. Moreover, answering telephones does not sound like the appropriate work that an H-1B nonimmigrant is supposed to perform.

Please contact our firm to find out about registering your company and starting the process to hire H-1B workers.

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Answered on 3/04/09, 10:54 am


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