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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

#81

Post by keeptrying »

gaius wrote: post #25
keeptrying wrote: post #19

Earlier quoted context omitted.

The number of people applying for the H1B for the last two years is LESS than the number of H1-B vacancies available. People just dont want to come to the US anymore at least not skilled workers from India and China like they used to.

An alternate interpretation is that the H1B quota is simply artifically high. http://www.cs.ucdavis.edu/~matloff/h1b.html

This can't be true because usually the applications would be oversubscribed within one day of the new fiscal year. One day! I remember that clearly because it was such a big crapshoot whether you'd get granted a h1b or not.

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

#82

Post by trustfundbaby »

akat wrote: post #76
trustfundbaby wrote: post #71

Earlier quoted context omitted.

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.

you have a h1b visa with one company

another company applies to transfer it to them

you continue working at the first company

when the transfer goes through, you give notice at the first company and go to work for the new one

if it fails, you continue working for the first one like nothing happened.

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

#83

Post by fatbat »

websymphony wrote: post #46
Hisoka wrote: 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.

So all the filing/lawyer fees would be paid by yourself for the transfer since it is your own company now? Between that and the prevailing wage req, I still see quite a high bar. :\

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

#84

Post by fredoliveira »

trustfundbaby wrote: post #82
akat wrote: post #76

Earlier quoted context omitted.

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.

you have a h1b visa with one company another company applies to transfer it to them you continue working at the first company when the transfer goes through, you give notice at the first company and go to work for the new one if it fails, you continue working for the first one like nothing happened.

I think you are under the impression that they're talking about the actual H1B transfer failing, but in reality they're talking about the actual new startup company failing. If the startup does fail and the H1B isn't transferred elsewhere again, they do lose the visa.

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

#85

Post by fredoliveira »

vynch wrote: post #63
untog wrote: post #60

Earlier quoted context omitted.

"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.

I am quite close to a lot of deals and I can definitely say that most people who are considered a-list investors today are both:

a) willing to invest in someone who is waiting for a visa

b) willing to use their contact network to get their investment secured with a visa for the founders. I've seen this happen multiple times - good lawyers pulled into the deal to expedite visa issues.

It is in the investor's best interest.

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

#86

Post by msie »

jisaacstone wrote: post #22

Here is what I hate - a top-rated comment with 22 'recommends' and no dissenting replies: "boblesch wrote: the immagration fix is so simple institute a $1 million fine for every occurrence of employing an illegal. no excuses, no exemptions, no exceptions, no pardons. the illegal immigration problem will DISAPPEAR the day the first fine is assessed." This has nothing to do with the issues in the articles and detracts…

Did you reply to it?

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

#87

Post by stmartin »

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…

keep dreaming

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

#88

Post by neuromage »

ojbyrne wrote: post #14
ed209 wrote: post #10

is that really the problem? Surely the difficulty of getting a h1-b visa in the first place is more of a problem?

It's not as hard to get an H1B as it has been, because the yearly quota isn't being used up. You still have to be paid market rate, go throuh the labor certification, pay legal and INS fees, etc.

I'm not sure about that. The H1B quota for FY 2010/2011 was exhausted sometime in Feb this year I think. Because of this, my application was pushed to FY 2011/2012, so I can only start work in Oct. So I think the quota is being used up. Or at least it was, this year.

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

#90

Post by vidarh »

endac wrote: post #8

So if I, an Irish citizen, founded a company with Americans employed or on the board I can apply to stay beyond my holiday visa? Will be pitching like mad at YC NYC if this is the case!:)

Careful. There's a wide range of activities you're not allowed to take part in on a holiday/tourist visa, and so you want to make very sure that there's no appearance that you did business in the US (such as work on a startup) while in the US as a tourist.

Meetings are ok, AFAIK, as long as they are not for productive work, with some further caveats. Not that I want to dissuade you from pitching, but be careful there's nothing there to give the wrong impressions if/when you do decide to apply for a H1B.0

Not a lawyer, but I did get extensive coaching from an expensive immigration lawyer a few years back on what I could do (and how to describe it to US immigrations) while in the US, as I was traveling over every 2 months for meetings while we applied for a H1B, because immigrations understandably started asking more pointed questions when they saw my passport was full of stamps from the same US airport (never had a problem and they were always courteous, just probing more about my reasons for coming).

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