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    5 Replies Latest reply on Jul 5, 2008 6:40 PM by orange

    Starting a new company in the US (I'm an OPT holder)

    s_wingman Newbie
      Hi guys,
      I need some advise.
      My dad owns a freight forwarding company in 3 countries in Asia and he wants to expand his business to the US. I'm an OPT (Optional Practival Training) Visa holder which will expired this coming September. By the way it looks, I won't be able to get a sponsorship from my current company that I'm working for, H-1B Visa.
      Is it possible for my dad open his company here? and have me to take care of the business....
      If so, what are the steps that I need to do in order for me to get it going and help my dad to open his company here in the States.
      I appreciate all the help and advise.

      s_wingman
        • Re: Starting a new company in the US (I'm an OPT holder)
          LUCKIEST Guide
          Lighthouse 24, You answered a post like this. Right??
          LUCKIEST
            • Re: Starting a new company in the US (I'm an OPT holder)
              Lighthouse24 Ranger

              Not exactly, Luckiest. Anything I answered like this had to do with H-1B employees who were asking the same questions that one of my client's foreign workers had explored already -- so I had his experience and the advice of his immigration attorney to draw on. This is different.

              That said, s_wingman, here's what I think: A foreign company (your father's) can open a branch in the U.S. and petition the USCIS for an L-1 Intra-company Transferee Visa to allow an executive or manager to oversee the new start-up. As I understand it, the key qualification is that the person must have been in your father's employ as a manager for at least one continuous year during the past three years. So if you lived in your home country and worked as a manager for your father for a year or more within the last three, you might qualify. If you didn't, someone else in his employ who qualifies could come on an L-1A visa, then once the company was established, seek an H-1B or L-1B visa for you. Of course, another obvious alternative (which you're probably trying to avoid) is that you could go back there, work for him as a manager for a year, and then return to start-up a branch of his company in the U.S. after that.

              Again, please understand that this is not my area of expertise, so it may be more complicated than that, or there may some other better options for you. That's a place to start, at least. Best wishes.
            • Re: Starting a new company in the US (I'm an OPT holder)
              anatarique Newbie
              Hi s_wingman,

              My company is planning to start exporting good to foreign countries and we are currently looking at a good relationship with forwarders.
              I see that your family business is into forwarding.

              Please let me know if you are interested to continue this conversation.

              you can email me at contact@godawari.com

              -Manoj
              • Re: Starting a new company in the US (I'm an OPT holder)
                laborvisalaw Wayfarer
                First, since you are on OPT, you may be able to extend your OPT by 17 months as a result of the early April rule changes.

                Second, you can have your father open a company and hire you, but sponsorships from "affiliated" employers are heavily scrutinized by the USCIS. Even though it may be difficult, H-1B or L-1 visas are valid options. Also, E-2 visa may be an option for you.
                • Re: Starting a new company in the US (I'm an OPT holder)
                  orange Newbie
                  Hi S_wingman, I have a similar situation as yours and you seem to have some idea if we can do so, I mean to start a new company of our own. Please contact me as I need to discuss few issues with you.

                  Please email me at ash.goel@hotmail.com

                  Thanks