I was looking to get assistance with immigration, for H1b and GC. I'm currently employed full time as an associate

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Customer: I was looking to get assistance with immigration, for H1b and GC
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I'm currently employed full time as an associate dentist for a DSO company since Feb 2019 on H1b visa, my H1b visa was renewed with them in Jan 2022 for a period of 3 yrs. I have a H1b visa stamping dropbox date scheduled in India for November 29,2022.I have an approved I-140 from my previous employer with a priority date of Dec 9,2014. My current employer is in the process of getting my I-140 approved, they filed for premium processing and there was a RFE where USCIS requested my CPR card which was submitted to them and we are awaiting approval hopefully soon.In the meantime, the situation at work has become very toxic and hostile. I don't see myself aligned with the company or employer. I want to change jobs or partner up with someone to buy my own dental office. I want to get immigration advice and understand my options before I do so.
JA: Do you have precise dates? Or a rough time frame?
Customer: for?>
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: what's the consultation fees
Answered by Eanderson032 in 2 mins 2 months ago
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Eanderson032
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Eanderson032, Expert

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting with your legal question. So I can best help, would the person you partner with be sponsoring you?

Customer
Hi
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Eanderson032, Expert

They could file to transfer your H1B, and then pick up and file the I-140 as well.

Customer
My concern is that my I-140 with my current employer will be approved in the next week or so; if I change jobs; they can cancel my I-140 petition
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Eanderson032, Expert

That one yes, but your previous I-140 would stay if it had been approved 180 days before you moved. So you'd keep your priority date.

Customer
Considering my previous I-140 was approved in Dec 2014, I should be okay
Customer
also how I do partner up in the dental office
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Eanderson032, Expert

The dentist would have to sponsor you. You'd be a partner by being added to the company usually. Although, you might want to leave that for after you get your GC. You can't sponsor your own H1B.

Customer
can I be added to the dental office LLC as a partner on H1b visa
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Eanderson032, Expert

It could mess with your H1B.

Customer
even if Im a minority partner?
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Eanderson032, Expert

Yes as you can be seen as self sponsoring.

Customer
Can I own a dental office and hire associate to work there, while I work on H1b in another dental office?
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Eanderson032, Expert

No, you can only work for your H1B employer.

Customer
the inference from our conversation so far is that my old I-140 will stay so I wont be out of status. On H1b, I should be employed under the employer and partner after getting a GC.
Customer
Is there any other way to own or be a partner in the office? I just feel like I'm limited with the H1b
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Eanderson032, Expert

I mean, there's the EB5 visa, but that requires a substantial investment.

Customer
ok thank you very much Liz.
Customer
I have heard about entrepreneurial H1b
Customer
what is it?
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Eanderson032, Expert

It's essentially the company is set up to sponsor you and you show it has control over your work. You can do it that way, it just can be more difficult as you have to show you're not the one in charge. If you were a minority partner in that case, it could sponsor.

Customer
ok this contradicting the previous statement and a little confusing
Customer
I can be a monitory partner in the company and show my partner is incharge of hiring and firing on H1b
Customer
minority*
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Eanderson032, Expert

Apologies, that was my fault. You can be a minority partner yes. You can't have control but ownership interest is allowed.

Customer
upto what percentage is considered minority partner
Customer
for H1b purposes
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Eanderson032, Expert

It's not about percentage but about control.

Customer
ok understood so it can be 50 -50 too as long as other partner is incharge
Customer
thank you
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Eanderson032, Expert

correct, they have to have oversight over you.

Customer
Thank you for your help today
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Eanderson032, Expert

You're welcome.

Customer
Hello again, Hope you're doing well
Customer
I wanted to know that can I be on 1099 on H1b with my employer or do I have to be on W2
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Eanderson032, Expert

For your employer, you'd need to be W2.

Customer
even though I establish an employer employee relationship, I have to be on W2 and can't be an independent contractor?
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Eanderson032, Expert

You can't be an independent contractor and establish an employee/employer relationship.

Customer
understood
Customer
another question - my current H1b petitioner is Office 1, owned by company ABC who also owns multiple other offices, in their H1b application they have added labor certifications for all other offices and included a employee leasing agreement between Office 1 and other affiliate offices owned by the company ABC. the terms state that office 1 is solely responsible for employment, compensation, withholding taxes for services performed at office 1 or any affiliates. If the employer now wants to go work for Office 2 full time and leave office 1 do they have to files for H1b amendment ?
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Eanderson032, Expert

They'd amend your LCA.

Customer
the LCA has office 2 in it already and all other locations
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Eanderson032, Expert

So they'd just switch it to the main location.

Customer
if I go work at office 2 full time, but their Tax ID is different than office 1
Customer
they would still have to amend my H1b correct?
Customer
Hi
Customer
are you there?
Customer
Hi
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Eanderson032, Expert

Apologies, yes they'd have to amend so that office 2 is the primary location.

Customer
ok
Customer
thank you
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Eanderson032, Expert

You're welcome.

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