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  • Joining in startup company in OPT period

    I am doing Masters in Computer Science in a prestigious university. I will be graduating this December, 2013. I already had 4 years of work experience in one technology in India. That technology is hot in the market now, and I plan to work on that technology as a consultant. So my big task now is to choose a good trustworthy consultancy. I contacted one of my previous managers and he asked me if I can join his friend's small/start up company. That company is established in 2006, an e-verified company, also SBA 8(a) certified company. Its turnover is around $1.5 million, and it has 9 employees(all 1099 based). They are ready to take me as W2 based employee. Will it be a wise decision if I join that firm (instead of joining desi consultancies where there would be no transparency) and work during the OPT period? Will it be a problem for OPT extension/H1 approvals as its a startup company? Also apart from pay, what questions I need to ask or get clarified from them before I join to be on the safe side?

  • #2
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    • #3
      1. It is a good decision to join in that firm
      2. Unless the company is not e-verified it will not be a problem
      3. Ask them whether they offer you H1 and Green Card

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      • #4
        First main thing look for the % what they are offering and the payment mode monthly or biweekly

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        • #5
          In my opinion, getting an approval for someone working directly for the petitioning company is easier than getting an H-1 approval for someone who is working as a consultant. There will be no employer/employee related consultancy type issues that sometimes cause an RFE. The fact that it's a startup should be disclosed in the petition. Also, petitioner will need to be willing to share tax returns or other evidence of the revenue of the company. Make sure that they are willing to pay the H-1 filing fees and that they are going to sponsor you. They also have to be willing to agree to attestations with DOL for the Labor Condition Application including paying you the prevailing wage- so make sure that's not an issue. I would recommend that the company use an immigration attorney for the process.

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