Legal Question in Immigration Law in New Jersey


I recently completed by studies from one of the colleges of NY state.I'm on OPT rightnow.I'm currently living in New Jersey

One of my friend who is a US Citizen is forming a company and he wants me to be a part of it as a co-founding member.My questions are that can i use this to demonstrate that im self-employed? If so what are the restrictions? Can i get and 17 month extension(Im a STEM major) if i stay self-employed? How can i get or file H1B in this case? And how long will i have to wait before i can file H1B?

If this doesnt work-out my friend is willing to hire me as a manager so that its easy to demonstrate the employee-employer relationship.In this case what will be the restrictions on myself and on my friend and his company? Can i get and 17 month extension(Im a STEM major) if i stay self-employed? How can i get or file H1B in this case? And how long will i have to wait before i can file H1B?

Thank you for your time and answers in advance

Asked on 8/08/12, 9:58 am

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation
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All H-1B's are used up for now. Depending what country you are from, you could get apply for an E-2.

E-2 Treaty Investor Visa Petition
An E-2 Visa is one of the nicest working visas as it allows you to run your own business, and while it periodically needs to be renewed, you can stay here in the U.S. as long as you like on the E-2. Normally, this type of E-2 Visa would require and investment of $50,000 to $100,000U.S. to successfully process. The more capital investment that is required for the business, the higher the investment. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved E-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.) The spouse will be permitted to apply for a work permit to work anywhere in the United States.  A great deal of the success of the E-2 Petition is how it is prepared. The higher the investment, , the easier it is to get approved. The type of company that would either be purchased or the type of company that would start from scratch is wide open depending on what you would like to do.

This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted directly to the Consulate, it takes between one and three months for approval. It can also be submitted to U.S. Immigration for a change of status. The price below consists of preparation of the E-2 Petition, the complex Business Plan and the incorporation charges. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items.  

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Answered on 8/11/12, 1:14 pm

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