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Old 10-14-2009, 12:10 PM
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Establishing a company as means of obtaining an H-1B visa


NY State:

I am a concert pianist. I received my bachelor degree from a prominent music school in New York.
As my current visa expires in a couple of months, I've began looking for ways of changing my status to a H-1B.

I was recommended to create my own corporation which will serve as an agency that will want to employ me once a proper immigration status is granted to me. I have real job prospects awaiting me and letters from the potential employers. Most of them hired me while I was still a student and then an OPT participant.
I really like the idea of having my own agency, simply because it would give me flexibility in terms of the nature of work I could perform, from playing recitals, teaching piano/composition, to being a rehearsal pianist, etc.

My questions:
1.Will I meet obstacles in obtaining the H-1B visa, using that strategy?
(the USCIS says that "if the corporation appears to be formed stricltly for the purpose of obtaining a visa, there will most likely be many problems with he application")

2.Can a corporation that was created by an immigrant, employ that very immigrant, considering that he is qualified to be hired by such a corp as a specialty worker?
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