PLEASE Educate Me

I have a pending immigrant petition (my mother is a naturalized U.S. citizen). The problem is, my priority date for this catergory is far from becoming current (I was petitioned 1999, they are processing 1989 priority dates). I applied for a tourist visa to visit my family since I am the only one left here in my country (everything legal, all documents authentic and truthful), but I was denied because I have a pending petition. My mother is thinking of putting up a legimate business that is in line with my university education (I have a Bachelor of Science degree in Biology) and experience. This proposed business is intended to be legal and my source of livelihood when I get there. We know about posting "job ads", etc. But I need ENLIGHTENMENT on some issues. First, can a start-up company sponsor somebody for an H1-B visa? How many employees must the company have before it is allowed to hire foreign labor? THANK YOU FOR YOUR HELP.

I have a pending immigrant petition (my mother is a naturalized U.S. citizen). The problem is, my priority date for this catergory is far from becoming current (I was petitioned 1999, they are processing 1989 priority dates). I applied for a tourist visa to visit my family since I am the only one left here in my country (everything legal, all documents authentic and truthful), but I was denied because I have a pending petition. My mother is thinking of putting up a legimate business that is in line with my university education (I have a Bachelor of Science degree in Biology) and experience. This proposed business is intended to be legal and my source of livelihood when I get there. We know about posting "job ads", etc. But I need ENLIGHTENMENT on some issues. First, can a start-up company sponsor somebody for an H1-B visa? How many employees must the company have before it is allowed to hire foreign labor? THANK YOU FOR YOUR HELP.

When was your petition filed? Was it always a 1st preference petition? I am guessing that you are from Philippines. I am wondering if you could have remained under F2B if that was your original petition. That visa is backed up to 1994.

As fas as H-1 is concerned, your mom should speak to an attorney in USA. The fact that it is going be a family owned business may not bode well with INS.

Good Luck