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Ask HN: I feel my dream slipping away

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Re: Ask HN: I feel my dream slipping away

#71

Post by marcamillion »

maxdemarzi wrote: post #2

H1-B Transfer to your startup? http://www.askthevc.com/blog/archives/2008/04/does-having-a-... See one of the comments: "I have a lot of experience with this, having done it several times myself. Proving the company is 'real' to the USCIS can be tricky, because they don't consider companies with cash but no revenue to be viable. Luckily it never usually gets to that stage of analysis for a simple H1B (although green…

Here is the problem with this solution....it's not a hack. More a risky gamble. H1-B's are 'non-immigrant' work visas. i.e. once you apply, you are explicitly saying that you have no desire to immigrate.

So if you do find a loophole, and exploit it - remember that your green card can be revoked. To stake your entire existence on your exploiting a loophole seems a little risky to me.

I am not discouraging you from trying, believe me...I was in your situation a few months ago, I just don't think it is a sustainable path to take.

Re: Ask HN: I feel my dream slipping away

#72

Post by marcamillion »

The real answer is, it depends. I totally understand what you are feeling.

I went through a similar situation. Was in the US for about 7 years, did both my degrees there and OPT both times. Was about to let a company I had a good relationship with apply for my H1-B, but decided to move home.

Now that I am back home, I can't explain to you the weight that has been lifted from my shoulders - to be a citizen again. It's not something that can be explained to someone who has not gone through the immigration process for a few years. But it is the most liberating feeling ever.

The beauty about the space we are involved in, is that we can start a startup from anywhere.

You don't have to live in the US. The truth is, I never saw myself moving back home either, but after I got married (she isn't an American) and had my first child - we decided it was best to raise him at home (where there is more help).

However, once my startup reaches a point where I can expand, I plan on opening an office or some sort of presence in the US - which essentially allows you to get a green card - once you are creating enough jobs, and invest enough in the US.

So don't feel like going degree -> H1-B -> green card is the only way.

All in all, I don't know your particular situation, but going home might not be ALL that bad. Especially if you can work on your startup and be earning USD living in a country with much lower cost of living.

Just my $0.02.

Re: Ask HN: I feel my dream slipping away

#73

Post by revorad »

Tichy wrote: post #50
troutwine wrote: post #30

Earlier quoted context omitted.

Statistically speaking, you've lived about half of your life. A little under, depending on country. I suppose you are a glass half empty sort of fellow? Really though, it's not so bad. We all face utter oblivion; the question is "When?" and not "If?" Live peacefully and with confidence. Be content that you do not live in Swaziland. Thirty-seven years is a long time to yet exist.

The thing is, I haven't done anything all that great yet (by my own standards). If I just keep going on as I did before (ie staying in boring jobs), how am I to expect that in my second half, something exciting will magically happen? Some opportunities are already gone forever, ie nobody will cast me as a singer in a boy group anymore (just saying). I keep hoping that one day there will be a market for rock stars who…

Usually I would agree about quitting the job and just going for it. Like you said, time is finite. But, one does have to consider the details of one's situation.

what exactly is the day job buying you?

In the OP's case, US citizenship, which means a lifetime of opportunity to build businesses in a free country which he/she likes living in. Two years of steady income, while still working on your business on the side, sounds like a good bargain.

Of course, your situation must be different, so you would have to decide accordingly.

Re: Ask HN: I feel my dream slipping away

#74

Post by Tichy »

revorad wrote: post #73
Tichy wrote: post #50

Earlier quoted context omitted.

The thing is, I haven't done anything all that great yet (by my own standards). If I just keep going on as I did before (ie staying in boring jobs), how am I to expect that in my second half, something exciting will magically happen? Some opportunities are already gone forever, ie nobody will cast me as a singer in a boy group anymore (just saying). I keep hoping that one day there will be a market for rock stars who…

Usually I would agree about quitting the job and just going for it. Like you said, time is finite. But, one does have to consider the details of one's situation. what exactly is the day job buying you? In the OP's case, US citizenship, which means a lifetime of opportunity to build businesses in a free country which he/she likes living in. Two years of steady income, while still working on your business on the side,…

True, 2 years seems like an acceptable price in that case. I don't have the citizenship issue, so I am not losing anything besides money. Since citizenship (presumably) can't be bought by money, the stakes for leaving the job seem to be a lot higher for the OP.

Re: Ask HN: I feel my dream slipping away

#75

Post by georgecmu »

abstractbill wrote: post #40
georgecmu wrote: post #35

Earlier quoted context omitted.

> H1B visas are granted for three years, and you can renew once. Not exactly. They can be renewed past the second term indefinitely, as long as an immigration application (I-140/I-485) has been filed with USCIS and is under review -- can be a long process.

Right, yes that's true, but if you submit an immigration application while you're at a large company, and then do your own startup and transfer the H1B, I'm pretty sure you will have to give up on the immigration application. I've heard of people starting companies and transferring H1Bs, but never of anyone who has done that and managed to keep an immigration application going.

I think that most people file I-140/I-485 concurrently and apply for employment authorization at the same time. At that point they are not tied to their company exclusively, and theoretically they could even leave, if they are confident that the company would not maliciously retract their application. The risk there, of course, is that as soon as EAD is used to justify employment, H-1B is no longer valid, and if the initial application is denied, the applicant is automatically out of status.

Re: Ask HN: I feel my dream slipping away

#76

Post by scorpioxy »

ido wrote: post #19
tron_carter wrote: post #10

This is a great example of why the U.S. needs startup visas (without $1 million requirement) to keep and encourage entrepreneurship in the U.S. and generate jobs + tax revenue. It's a tough call what to do within the limits of our current environment and I wish you the best of luck in your current situation.

Or just do what New Zealand and Australia do, and allow people in required professions (programmers being one of them) a visa and a 2-years fast track to citizenship.

You mean immigration as a federal skilled worker, right?

I thought they were making this process tougher because of the current economic climate.

Re: Ask HN: I feel my dream slipping away

#77

Post by gridspy »

Unseelie wrote: post #7
gridspy wrote: post #3

Don't worry too much about a large company seeing what you are doing and moving into your space faster than you. Large companies go through several stages of copying ideas 1) What a dumb idea, that will never work 2) That company seems profitable, but we will beat them 3) We better copy that idea, but it is not our core business / it will cannabilise our profits 4) Okay, lets get some of our non-motivated, non skille…

I'm not trying to be negative, but when your company is one person, a five man startup with a similar idea -is- a huge company, especially if they don't have to work ten hour days. Things are relative, and the megacorp isn't the only competition. Or even most of it.

Completely true. However it is extremely rare for multiple startups to go for _exactly_ the same niche.

Also, most customers you approach will never have heard of either of you - unless you are in a tiny market your competition has very little effect on you (other than encouraging you to work harder)

Re: Ask HN: I feel my dream slipping away

#78

Post by gridspy »

whatnext wrote: post #57
patio11 wrote: post #41

Earlier quoted context omitted.

What Ed said. I spent almost four years part-timing my startup while working day jobs. (At which ten hours a day would have felt like a nice refreshing breeze on a warm summer day, but that is neither here nor there.) I also feel your pain on immigration issues. That was at least part of the reason why I had to do things the long way. You can make progress while employed. Be disciplined about it, be smart in how you…

I've been a reader of your blog for some time now and I am amazed at how you pull it off. Between writing code, thinking about the big picture, product features, promoting it, marketing, I'm overwhelmed most of the time. I have been looking for help now but still learning my way through hiring. The 20-somethings media-fueled success stories that we hear all around us add undue pressure. In a subtle way, they make you…

Those success stories are notable because they are the exception. There are literally hundreds of thousands of successful businesses out there, big and small. One of my favorite companies (Hubbards, makes breakfast foods) was founded by Dick Hubbard using his retirement cheque. It is never too late to start.

Re: Ask HN: I feel my dream slipping away

#79

Post by psranga »

solutionyogi wrote: post #68
psranga wrote: post #36

Earlier quoted context omitted.

Huh? I think you and the upmodders do not realize that once the spouse gets the marriage-based green card, it doesn't get revoked in a divorce. AFAIK and IANAL. Unless there is some other point to this comment that is going WAY above my head.

Well, your knowledge is surely lacking. To prevent immigration fraud, the rule is that when you marry a citizen, you get a temporary green card which is valid for 2 years. You must go back to USCIS after 2 years to get a permanent green card. Also, it's quite possible that USCIS will ask for proof that your marriage was legit (wedding pictures/honeymoon pictures/joint bank accounts). If you get divorced before 2 year…

Yes, I knew about the "probationary period" etc.

But the unqualified "no leverage" of the OP seemed to imply at least to me that they thought that the green card would be taken away in a divorce irrespective of number of years of marriage (it doesn't after two years unless you got into a fraudulent marriage).

And I do not think the GP suggested getting a sham marriage. Yes, if you really enter into a sham marriage then the "wife" will have lots of leverage over you.

Re: Ask HN: I feel my dream slipping away

#80

Post by w1ntermute »

jrockway wrote: post #67
w1ntermute wrote: post #59

Earlier quoted context omitted.

And it can't be summoned forth at will for the purpose of solving immigration issues.

It is pretty easy to meet US citizens in the US, however. If you're looking for a girlfriend / wife anyway, then the odds are high that she will be a citizen. Two birds with one stone.

If you're looking for a girlfriend / wife anyway, then the odds are high that she will be a citizen.

Not necessarily true. If he comes from a country with a significantly different culture (i.e., somewhere other than Europe), he would probably be more comfortable marrying someone of his own nationality who is also a recent immigrant, and thus is more likely to also be a non-citizen.

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