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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

#71

Post by trustfundbaby »

untog wrote: post #50
eugenejen wrote: post #29

I hope this happens 10 years ago. But congratulation to all H-1B hacker news readers. You now can do something amazing without worrying about your visa.

Unfortunately, not really true. The real strength for natives is that they can spin up a company on their own time- create a product and throw it out there. If it works- great- quit your day job and go to your startup. If it doesn't, no big deal- you still have your full time job. Us H1B-ers are still tied down. I'd have to transfer my visa to my new, fledgling company. If it fails, I have to leave the country.

Us H1B-ers are still tied down. I'd have to transfer my visa to my new, fledgling company. If it fails, I have to leave the country.

-------------------------

that is incorrect. If it fails, your original h1b remains intact

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

#72

Post by trustfundbaby »

SoftwareMaven wrote: post #7
lutorm wrote: post #4

Earlier quoted context omitted.

No, they are not saying that: "... business owners on H1-B visas could work for their own companies, provided that they work full time for the company and are treated like an employee . For example, the company could have a board that is able to hire, fire, pay, supervise or otherwise control the worker like they would any other staff member." I don't know how many startups have a board that can fire the founders...

I wonder if there are rules around the board. Could I make the board with my family? Sure, I could be fired, but it isn't likely. Sad that Washington is so useless that even something as straightforward as "let really smart, educated, financed people in the country to start businesses that hire other people" is controversial.

I wonder if there are rules around the board. Could I make the board with my family? Sure, I could be fired, but it isn't likely.

---------------

You probably don't want to do that since it would invite quite a bit of scrutiny ...

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

#73

Post by trustfundbaby »

aherlambang wrote: post #31
tejaswiy wrote: 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?

Yes ... you could get them as a cofounder (probably give them controlling shares) and then apply ... but the trouble is showing that your wages could be paid. You might have to get some capital invested or use savings.

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

#74

Post by akat »

untog wrote: post #61
akat wrote: post #54

Earlier quoted context omitted.

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.

Yes, its possible.

www.h1b1.com/concurrent.htm www.h1bplanet.com/h1b-part-time-concurrent.php etc.

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

#75

Post by shad0wfax »

This is great and expected news for the last few weeks, but is it true that you need to be employed with minimum wage? That sucks! If I want to startup, I have to definitely go full time now and there is no way I can pay myself that wage. They need to relax this rule, if they want to really support startups.

This is my 8th year here in USA and I have a green card being processed. I have decided to give it all up, move to India to start working on my idea for a year and come back here next year as a dependent (my spouse would continue to remain here). If this rule allows me to create my own startup without the wage rule, I should be able to remain here on my own H1 and possibly continue my green card as well (or does anyone know how it works in this case?).

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

#76

Post by akat »

trustfundbaby wrote: post #71
untog wrote: post #50

Earlier quoted context omitted.

Unfortunately, not really true. The real strength for natives is that they can spin up a company on their own time- create a product and throw it out there. If it works- great- quit your day job and go to your startup. If it doesn't, no big deal- you still have your full time job. Us H1B-ers are still tied down. I'd have to transfer my visa to my new, fledgling company. If it fails, I have to leave the country.

Us H1B-ers are still tied down. I'd have to transfer my visa to my new, fledgling company. If it fails, I have to leave the country. ------------------------- that is incorrect. If it fails, your original h1b remains intact

You are wrong. What do you mean "original h1b"?

Once its transferred, its transferred. There is no "return policy" equivalent because its tied to an employer and your past employer wont necessarily keep the position open just in case you need to come back.

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

#77

Post by trustfundbaby »

untog wrote: post #67
sp_ wrote: post #64

Earlier quoted context omitted.

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.

Not correct ... as soon as the transfer goes through you can start work at the new company.

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

#78

Post by shad0wfax »

untog wrote: post #51
akat wrote: post #47

I am excited but I am really curious about how I can bootstrap my startup while working for a big Co. on H1B. Is it possible with these "updated rules"? EDIT - the "full time" sounds like a major hurdle for those who want to bootstrap. Am I correct?

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

I agree. It just clears the air up whether i can create and work for my own. The other part that I feel is impeding is the minimum wage requirement. Its hard to pay myself 45k (or whatever is the min wage).

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

#79

Post by untog »

trustfundbaby wrote: post #77
untog wrote: post #67

Earlier quoted context omitted.

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.

Not correct ... as soon as the transfer goes through you can start work at the new company.

That's why I said:

"You have authorisation to work for your new employer"

But the actual transfer is not complete. You are not guaranteed to be able to continue your work. The chances of problems are small, but it does happen.

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

#80

Post by aquayellow »

trustfundbaby wrote: post #68
aquayellow wrote: post #45

Earlier quoted context omitted.

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.

That is true. But being on H1B myself, I have rarely come across any employer who's willing to hire me part time. But again, it's possible.
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