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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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I am on H1b and in SF. I hold a BS in EE and MS in CS ( USC ) . There is a possibility of

Customer Question

I am on H1b and in SF. I hold a BS in EE and MS in CS ( USC ) . There is a possibility of 250K funding from a biotech accelerator in SF. If a proper board and control structure is formed can I port my visa on that and do it full time. Thanks,
Archit
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns. An H1b has to be utilized as a sponsor from a business entity, and one that you are likely not an officer of. Now, if an entity is created and can show special need, then yes, an entity can sponsor an H1b, and you can potentially ask for the entity to take over, but you yourself cannot be on board as officer or as member. Sincerely, ***** *****
Customer: replied 1 year ago.
Then how can I make it work ? What role can I take in the business entity ? I might have a stake but I might not be on the board or as an officer.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,You cannot sponsor yourself, it is really as simple as that. You cannot be an officer, and you cannot be on board, and that means that you cannot own it even as a start-up. You may offer yourself stock options when you join once the H1b is accepted, but until that point you cannot show yourself as in any way related to that entity on paper.Sincerely, ***** *****

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