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Work H1B/L1 or immmigrant visa at a friend's startup

Palo Alto, CA |

My friend owns a popular information technology product that he and 2 others created. It is a downloadable productivity tool. He is making money (a little).

My friend wants to help me with my H1B/L1 visa and possibly even sponsor my green card.

From my part I have a PhD with valuable skills. I have 1 year left on my H1B and I am in India. I do not have a US job now. I am also willing to invest upto $500,000 in the company. Is there a way my friend can help me?

Attorney Answers 5

  1. You are doing yourself a HUGE disfavor but posting on AVVO. Talk to an immigration attorney. You are in California. You have several great immigration lawyers form California I have think of right here on AVVO. All you have to do is look.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. Hi there- Your friend needs to be able to afford your salary to be able to sponsor your H1 or green card. I would recommend trying for an investment based option.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

  3. For your friend to be able to help you with either a work visa or a green card, his startup needs to be in a position to pay you a real salary commensurate with your skills and job duties.

    If you invest in the CO. It will be able to sponsor you for a work visa, but will not be possible to sponsor you for a green card under current law.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. Nothing in your posting supports an L-1. Investor visas are not possible for India as the requisite treaty does not exist. An H-1B will be closely scrutinized.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  5. Generally speaking, a ‘start up’ company can file an H-1B petition on behalf of a foreign national as long the employer/ petitioner can prove that it has the financial ability to pay the required prevailing wage to the H-1B worker and that the proposed position is a “specialty occupation” for which the foreign national is qualified. However, USCIS does scrutinize H-1B petitions very closely these days and can ask for extensive documentation/information about both the employer and the employee. You should consult an experienced immigration attorney to discuss this further.

    Akanksha Kalra, Attorney at Law: 215-542-4905 or Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.

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