Can a company I help start sponsor me for H1B visa?

[OzD]

Hi,

I was hoping to get some advice on my situation:

My cousin, step dad and I are thinking about starting a business. While my cousin and step dad are US citizens, I'm not.

I immigrated to the US on an H4 visa as a beneficiary of my biological father's H1B visa. I have lived in the US continuously for the past 15 years. My biological father has applied for I485 (change of status) which is currently pending, and both he and I have already received our SS and EAD. If our I485 is approved, all is well. However, IF it is rejected, I'm afraid I risk having to leave the country. I'm trying to see if there is anyway to nullilfy this risk.

Could the company we (cousin, step dad, and I) form sponsor me for H1B visa? I have a Bachelors degree in Finance from the University of Georgia (graduated 4 yrs ago), so I'd work as the CFO of the company. If possible, how would we go about it?

Any guidance/advice/suggestion would be much appreciated.

Thanks!
Oz

[inadmissible]

If you have EAD as a derivative of a pending adjustment of status, why do you want or need a H visa?

[shervin143]

It is just a safety net. If I-485 is rejected, the person need to leave the country immediately. If he/she is in a non-immigrant status (H, L, F), then even if I-485 is rejected, he/she can continue to live the country as the I-94 will be valid (Assuming the person is not in EAD but under a valid non-immigrant status at that time). It will just give enough time figure out how to fix the issue with I-485.

If you have EAD as a derivative of a pending adjustment of status, why do you want or need a H visa?

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You cannot start a company and sponsor your own H1B visa. But any U.S employer can sponsor you a H1B visa. If you fear (for any specific reason) that your I-485 might get denied, then it is advisable to switch to a work visa.

Could the company we (cousin, step dad, and I) form sponsor me for H1B visa? I have a Bachelors degree in Finance from the University of Georgia (graduated 4 yrs ago), so I'd work as the CFO of the company. If possible, how would we go about it?

[OzD]

You cannot start a company and sponsor your own H1B visa. But any U.S employer can sponsor you a H1B visa. If you fear (for any specific reason) that your I-485 might get denied, then it is advisable to switch to a work visa.

So if my cousin and step dad start the company, they can then hire and sponsor me, correct?

[inadmissible]

Given the facts you describe, it is not a viable option.