Hi, I have an 4-year Bacherlor's Engineering Degree and I have been working as an Independent Contractor for a company with with L2 visa (I do all my deductions and tax work myself).
My spouse's L1-B visa is expiring by the end of this year, and so will be filing for H1B in April 2012 through his employer.
I would like to know what options I have now.
1. Can I process my own H1B as an Independent Contactor providing details of the current contractual employment?
2. If option 1 is not possible, should I have to hook up with a Consultant Company and have them process my H1 (and in that process give up a portion of my billing rate just for the sake of processing the H1)
3. Any other better option that you can think
USCIS has recently announced that entrepreneurs may be entitled to use the H-1B Visa. You can incorporate a company and have the company sponsor your H-1B. However, there are specific requirements that you must meet. Our office has filed such petitions in the past and they have been approved. It is important that you retain an experienced attorney as the process is challenging. You will not be an independent contractor, but a W-2 employee.
The second option is always available. Again, the chances of approval would depend upon how well the case is presented. You will need all the documents and paperwork to be in order.
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H-1bs are only for employes. If a company hires you, you musty show a clear employer / employee relationship
This has been the cause of many many RFE in recent years
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
You cannot get an H-1B as an independent contractor. You must be an employee and be petitioning by an employer.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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.
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