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Updated US immigration rules: H1-B can work for own company

washingtonpost.com

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Re: Updated US immigration rules: H1-B can work for own company

#61
post #54
post #51

Earlier quoted context omitted.

Absolutely. You're still constrained to one job at a time, so sadly this isn't very big news at all.

I wonder if these updated rules apply for "parallel H1" where the second H1 can be for a part time job

Do those actually exist? I've never heard of someone being able to hold simultaneous H1B visas.

Re: Updated US immigration rules: H1-B can work for own company

#62
post #59
post #52

Earlier quoted context omitted.

yes but at least now you can actively seek venture capital!!

a) Although I agree it is a gray area,the USCIS is probably not going to come after you for "working" for your company for free while you waited for the H1-B approval. b) Noone has to know. c) Although different apporaches exist,my opinion is that you should have probably already made something that a lot of people use even before you talk to the VCs.By doing this you were working for your company without an H1B.But…

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Re: Updated US immigration rules: H1-B can work for own company

#63
post #60
post #59

Earlier quoted context omitted.

a) Although I agree it is a gray area,the USCIS is probably not going to come after you for "working" for your company for free while you waited for the H1-B approval. b) Noone has to know. c) Although different apporaches exist,my opinion is that you should have probably already made something that a lot of people use even before you talk to the VCs.By doing this you were working for your company without an H1B.But…

"Noone has to know" Except the investors, who would realise immediately. It's all very well to say that USCIS "shouldn't" and "probably won't" do things, but: 1) That doesn't reassure me much. I don't want to be deported. 2) That shouldn't reassure an investor much, either. If they realise you are going against immigration law they might run from your company at sprinting pace once they realise the founder could be d…

Yes I do agree with your points.It would have been a lot easier to get funded if you were a citizen.

-But at least now the dream is POSSIBLE as opposed to IMPOSSIBLE.

-You have to make up for these shortcomings by making something that much more awesome.

-And lastly if a VC is not willing to take this simple risk,maybe he should drop the letter V from his designation.

Re: Updated US immigration rules: H1-B can work for own company

#64
post #55
post #52

Earlier quoted context omitted.

yes but at least now you can actively seek venture capital!!

Yes... but you also have to explain to the venture captialist that you'll be unable to work for the company you created for a number of months while your paperwork goes through. Don't get me wrong, this is a step in the right direction. But the mythical Startup Visa it is not.

I had my H-1B visa transferred between companies last week. Took seven business days, not months. My new company paid for premium processing, which is supposedly guaranteed to complete the process in 15 calendar days.

Re: Updated US immigration rules: H1-B can work for own company

#65
post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

I want to quote on this statement as I am on the same situation: "How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves?" With this new regulation is it possible if I start my own company with other US Citizen if I am on OPT?

The masters students must have sufficient funding too.

Re: Updated US immigration rules: H1-B can work for own company

#66

I saw 5 years of my life flash before my eyes when I read this. This AWESOME news. I got my GC a year ago and I quit 3 montsh ago to start something so it doesnt matter now but I would've killed for this 5 years ago.

Repeat after me..."It is never too late to be awesome"

Re: Updated US immigration rules: H1-B can work for own company

#67
post #64
post #55

Earlier quoted context omitted.

Yes... but you also have to explain to the venture captialist that you'll be unable to work for the company you created for a number of months while your paperwork goes through. Don't get me wrong, this is a step in the right direction. But the mythical Startup Visa it is not.

I had my H-1B visa transferred between companies last week. Took seven business days, not months. My new company paid for premium processing, which is supposedly guaranteed to complete the process in 15 calendar days.

The process isn't complete though, correct? You have authorisation to work for your new employer, but the actual transfer is complete- that takes months.

Not that there's anything to worry about usually, it's just the kind of uncertainty that really isn't helpful when you're setting up a company.

Re: Updated US immigration rules: H1-B can work for own company

#68
post #42

Wait a minute, I got a question I hope people can clear up for me... because I see a huge elephant in the room. So they're saying if you have a H1-B visa, you can work for your own company full-time. But.. umm.. if you have a H1-B visa, that means you probably got it from your current employer whether it's Google or Goldman Sachs. That uh.. means you're already working for them full-time, and if you quit, then your v…

I came here exactly with the same question! To build my company from ground up, I need to work for it. But how can I do that if I am already working full time for my current employer ?

you can file to be a part time h1b employee.

Re: Updated US immigration rules: H1-B can work for own company

#69
post #42

Wait a minute, I got a question I hope people can clear up for me... because I see a huge elephant in the room. So they're saying if you have a H1-B visa, you can work for your own company full-time. But.. umm.. if you have a H1-B visa, that means you probably got it from your current employer whether it's Google or Goldman Sachs. That uh.. means you're already working for them full-time, and if you quit, then your v…

Well the way I understand it. That's how it should work. You keep working on your existing H1b for Google or whatever, start your own company. Give yourself a job in your company, joining to which depends upon the new H1B that you will apply for. And once it is approved, you can quit your previous job and hence the previous H1B. Correct me, if am totally off on this.

What does "treated as an employee" mean though? That's presumably intended to prevent people from just starting a one-person company employing themselves.

Re: Updated US immigration rules: H1-B can work for own company

#70
I posted about this when it was announced http://news.ycombinator.com/item?id=2838357 and there are a couple of links in there that should help clear up some confusion ... notably this one ... http://j.mp/nFD0xQ (link was real ugly, forgive me for using a shortener)

I was initially very happy about the announcement, but I think the employee-employer restriction is a trojan horse that really hacks the legs off from under the initiative.

here's the paragraph in question

> Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that while a corporation may be a separate legal entity from its stockholders or sole owner, it may be difficult for that corporation to establish the requisite employer-employee relationship for purposes of an H-1B petition. However, 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.

I see why they did it (CYA) but I think its kind of silly and counterproductive. I mean, you're trying to enable entrepreneurship but you want someone in the mix who is able to control them ... sigh

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