B1 to H1B vs AOS

[aaron2020 11,651]

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.

With the gobs of money you are willing to spend to get this guy a green card, you can hire a very good immigration attorney to handle this rather than an amature online forum.

[Cathi 5,610]

hmmmmm.....he has a wife and child back in China to support and he is illegally working for you for free? Unlikely. Plus, even IF he were working for free still doesn't make it legal

Edited May 19, 2015 by mimolicious

[aaron2020 11,651]

With the gobs of money you are willing to spend to get this guy a green card, you can hire a very good immigration attorney to handle this rather than an amature online forum.

In light of the fact that you and this fellow have engaged in unlawful employment (even if there is no pay), this is not a DIY. You've dug a hole. Don't dig further. Go get an immigration lawyer.

[chelseafc 0]

I'll take care of it, i am just asking around. Don't worry guys, I got my wife a visa here, I've started 2 companies in the past 3 years, I got this. I have not officially employed him, just outsourced to him in china when he was there, you know how it is. He came here on a B1 for my hotel company, not for the tech company, but after coming here I have decided to push the tech company forward. I think that is reasonable, of course he is more qualified then a typical computer programmer (he is android/ios/server side/web expert). Anyway I told him I would take care of this i definitely will.

Can't make an omelet unless you are willing to break eggs lol catz. thanks

[asisflyer 47]

O visas for exception talent....... could can try to AOS to say an O2....

This happens with programmers, musicians, etc. if the exceptional talent can be demonstrated. O1 requires more publications and generally doctoral credentials, but O2 is an easier exceptional talent to demonstrate.

As for EB5 (500k non-metro/ 1 million metro) - The underlying petition will take too long and he'd most likely wind up too far out of status. So having an intermediate status would be helpful.

ALSO, do you have a China corporate office? Hire him in China. He's training on B1 stateside for his China role. Perhaps it is possible to AOS for inter-company transfer L1A, L1B, L2A, L2B. etc Ask a specialist in L-visa, O-visas, EB5, H1B, etc.

I once heard of a programmer with a similar situation where: B1 AOS to O2 (file EB5) then AOS from O2 to CPR after the EB5 was approved.

You can file the I-924 for your own EB5 Regional Center also to manage other people's investments under the program and perhaps use it as working capital for your hotel ventures. ($6,230 filing fee for your own Regional Center instead of a solitary EB5 investment).

Business oriented immigration lawyers are better at navigating this field even if you did the family based pro se.

[jan22 2,898]

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.

I know you think you can negotiate a work visa with no problems since you got you wife's visa processed and you have had success as a businessman. Not to be rude, but this post is a clear indication that you do not have the necessary background and have not done the research necessary to handle all of the complexities of a work visa. You will not be able to do an AOS to an EB2 for a Chinese national. EB2 visas have annual numerical limits and the petitions far surpass the visa numbers available. Right now, EB2 visa numbers are available to Chinese nationals whose petitions were filed in June 2012. If you filed a petition today, it would be close to four years until a visa number is available. He cannot stay in the US and wait unless he maintains a legal status during that entire time period. Which brings up the other major issue -- although he entered with a visa, he would most likely be determined to be out of status at some point in the process (and you cannot change status when you are out of status), since working for you is not a permissible activity for a B! entry. And yes, paid or unpaid, "proving himself" or not -- coding is work by any standard USCIS would use.

Edited May 19, 2015 by jan22

[Gosia & Tito 199]

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

First things first. He cannot work on a B-1, that is illegal

There is no AOS

H1-B is presumably the way to go, but just wanting/filing for a H1-B is not the same as getting it.

H1-B is not a DIY, you need to get an attorney

In fact, do contact an immigration attorney, the fact that he worked when not authorized could already be a major issue

[Saffer 27]

HA! If we could buy a Green Card, don't you think we would've ?

He needs a proper working visa, you are both committing crimes at the moment.

[chelseafc 0]

i talked to my lawyer i got it. Basically you have to do some documents, making a job ad etc. Basically the process takes like 2 years but approval happens faster. in the meantime we will open an office in like hong kong or japan where he can work out of for me.

thanks for your help, without the negative response i would have tried to do it on my own, which would have been a disaster lol.

[Boiler 43,430]

O visas for exception talent....... could can try to AOS to say an O2....

This happens with programmers, musicians, etc. if the exceptional talent can be demonstrated. O1 requires more publications and generally doctoral credentials, but O2 is an easier exceptional talent to demonstrate.

As for EB5 (500k non-metro/ 1 million metro) - The underlying petition will take too long and he'd most likely wind up too far out of status. So having an intermediate status would be helpful.

ALSO, do you have a China corporate office? Hire him in China. He's training on B1 stateside for his China role. Perhaps it is possible to AOS for inter-company transfer L1A, L1B, L2A, L2B. etc Ask a specialist in L-visa, O-visas, EB5, H1B, etc.

I once heard of a programmer with a similar situation where: B1 AOS to O2 (file EB5) then AOS from O2 to CPR after the EB5 was approved.

You can file the I-924 for your own EB5 Regional Center also to manage other people's investments under the program and perhaps use it as working capital for your hotel ventures. ($6,230 filing fee for your own Regional Center instead of a solitary EB5 investment).

Business oriented immigration lawyers are better at navigating this field even if you did the family based pro se.

You need to look up who qualifies for an O2, not applicable in this case.

EB5 China is not current anyway, and you would need to show the path for the investment which could be amusing.

I hate to thing what the total fees would be for a regional center. The filing fee would be chump change.