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DISCLAIMER: Any opinion expressed by a contributor is to be considered his/her own personal opinion, not the opinion of any other swiss-list member, the swiss-list website managers or the swiss-list committee.
Daniel,
I don't know if things have changed since 1999, so don't quite me on
this because it is an important matter.
But back then you could not sponsor your own H-1B. I.e. you can't
incorporate a new company as John Doe, and then file an H-1B petition as
John Doe working for the new company to hire John Doe under that visa.
Note that for H-1B, the company must show that it has some investment or
revenue (anything that shows that the company can pay the employee).
There is also a "prevailing wage" that you must pay the H-1B employee,
and it's fairly high (note that you can work part-time, therefore
allowing the company to need less money to support the employee at the
prevailing wage).
A possibility is to have another shareholder in the company, with green
card or nationality, who can file the H-1B. Then you can become an
employee of the company. The drawback is that you need somebody else in
the company.
I also think that you can file for one of the E1 or E2 visas, but for
this you had to bring money (from outside the country I believe) and
make a case that the amount of money invested can allow the company to
start.
I hope this helps, but you should talk with an immigration layer.
-Erik
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Received on Wed Jun 15 2005 - 11:23:49 PDT