H1B restrictions

[LMH78239]

can the holder of a H1B Visa be an officer and/or director of the company he/she is employed with?

[Subramanya]

Queries

can the holder of a H1B Visa be an officer and/or director of the company he/she is employed with?

---- Post is not complet and clear. Provide morre details

Subramanya

[LMH78239]

more info

H1B visa holder brought in as general manager of a company. Has had this position in the US for over a year and a half under this visa. Can we promote him to an officer, i.e. Vice President. Can he be a director of the company.

[Subramanya]

H1 Issues

H1B visa holder brought in as general manager of a company. Has had this position in the US for over a year and a half under this visa. Can we promote him to an officer, i.e. Vice President. Can he be a director of the company

---- YES, he can be promoted to the position of a Vice-President.

As for the Director, do you mean a member of the board of directors, where he has shares/stocks of the company and becomes a shareholder/stockholder.

I would rather seek an immigration attorney's opinion on this since it involves legal issues, approval by the Chairperson, BOD's, informing immigration authorities etc. which I am not conversant a the moment.

---- Just a query! Has the employer already filed for labor certification or in the process of filing or some stage is already completed like an approved I-140

Subramanya