I want to start my own Consultancy Co.

[SJB]

I am currently on a company sponsored H1B visa, but I want to start my own computer consultancy business and would like to hire other people on H1B. Is there any legal way for me to start my own business and sponsor H1B's even though I am myself on one?

 

[JETX]

No.

First, the H1B visa you are currently here on is actually sponsored by your employer. As such, when you leave his employ, your H1B is no longer valid.

Second, in order for you to sponsor additional H1B visas (assumed for your bud's), you must be a qualified U.S. Employer. Your current H1B visa does not qualify.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[SJB]

Thanks Halket, but what if I am a Canadian citizen, then do I have a chance of starting my own company under the NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) in US. I agree that I can't sponsor other H1B's under my own H1B, but if I give up my current employment and the H1B sponsorship too, then under what status can I start a consultancy firm here?

Thanks again for your valuable advice.

 

[Tracey]

It's free trade, not free employment. You might be able to start the business on a moonlighting basis. Talk to an immigration lawyer or post on the immigration board. You might investigate whether you could create a Canadian corp & have a "branch office" with a foreign executive in the States. My cousin does something like that....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.