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chelseafc

B1 to H1B vs AOS

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Hey, recently I brought a worker from China. He is here on a B1 visa. We were going to plan a tech company, but he started coding after a few days, part of the interview process, and since then we have not stopped. Now he is basically the most important person in my tech company. I want to keep him here, he was planning on going back to China but I think it is best if he stays.

Can we try to keep him here via a AOS? or should i just apply for a H1B visa? Are there any alternatives?

Thanks so much

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First thing he needs to do is stop working illegally.

Do you have an Immigration Lawyer?

Are you a non profit?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I am not a non profit. I have a hotel company which owns hotels and I have a tech company which has not made any revenue yet. I did not speak to a lawyer yet since I did my wife's visa (from japan) without any assistance. I could contact a lawyer but I am just trying to get some direction.


I am not paying him, so he is not really "working" as much as he is showing me his ability.

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Please, it does not matter if you are paying him. He has no EAD.

You said in your first post he was working and breaching the terms of his B1.

Work Visas are handled by Lawyers, the usual one in this sort of case is a H1b, petition 1st April, if you get a visa in the lottery start 1st October.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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What to?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You can, well if you get lucky in the lottery.

Seems odd that you would bring somebody all this way at some cost without considering the visa situation.

Work remotely seems the obvious solution.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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EB5 China is not current.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Buy his green card? Seriously?

Anyway, why can't he work remotely? If he is coding, can't that be done from home?

What does your worker want? Does he want to return to his home country like you suggested earlier in your post?

When does his authorized stay in the US end?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I think he would like to stay here, he has family back home including wife and child. He prefers the usa for education for his son, but coding is much better when we are together. Remote workers are not an option after having and in house team. I will try to to do a I-140 I think.

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Not trying to be negative here but...

If he's in US, obviously he needs money to survive,

and I'm sure he's not working for free and paying his expensive living cost in US

out of his own pocket...so he must be somehow compensated with living expenses???

In any case, I've been in software industry for 30 years,

and if you pay $120~180K/salary (based on different locations in US), $40K (in India), $50K (in China),

you can pretty much find a top talent programmer for whatever industry

you are trying to develop to.

Unless you have emotional attachment to this person to keep him here,

sounds like letting him work from China while you sort out the proper immigration path

would be both legally and financially best for him.

You also have to think about his quality of life too.

I'm sure he can't drive in US, and he doesn't have legal status to freely move around.

And if he's caught by police for whatever the bad luck reason,

he could be detained and sent back...and that could potentially affect his future visa processing.

Besides, doesn't EB5 cost at least .5M to 1M?

If he's really really good, and you pay him $50K (about 300,000 yuan) while he works in China,

that would be more than what he can make in China and I'm sure he will continue to crank out code.

Good luck...


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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He's good, I will go for the EB2 path I think. I know it seems like he is replaceable at 50,000 a year but actually he is not I think it would cost several million per year to replace him, and that with a great hassle. I'd rather just bring him here then find someone else, I have worked with him for about 6 months and he is the real deal.

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