But you can't start and work for a company on a H1B, so it sounds like a chicken and egg problem.
Also EB2 is clogged for China and India in 2007, so they may not get the benefit of this.
Also EB2 is clogged for China and India in 2007, so they may not get the benefit of this.
"if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. For example, if the petitioner provides evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship with the beneficiary."
In other words –- the employer-employee relationship may be established when a board of directors controls the employment status of the beneficiary (e.g., a founder) on behalf of the corporation (the petitioner).