Ready to found a startup, but my co-founder is on a temporary visa

#1

Post by JWhiteaker » Tue, Jun 26, 2012, 11:21 PM UTC

My co-founder and I have been bootstrapping our startup for a couple of months and things are starting to ramp up. However, we have an impending problem: he is here on a temporary work visa that expires in September.

What are the options for him to stay in the US to continue working on the startup? So far our main thought is for him to apply for a job that would offer a more permanent visa. Then he would continue working on the startup on nights and weekends while I work on it full time, but this is obviously not ideal.

Has anyone had to deal with a problem like this before?

Re: Ready to found a startup, but my co-founder is on a temporary visa

#2

Post by JWhiteaker » Wed, Jun 27, 2012, 12:06 AM UTC

I'm aware of the startup visa act (http://startupvisa.com/), but that is not going to be available by the time we would need it (assuming it even passes).

Re: Ready to found a startup, but my co-founder is on a temporary visa

#3

Post by israelyc » Wed, Jun 27, 2012, 12:38 AM UTC

Have him apply to an MBA program that offers CPT courses and give him an "internship" position.

Re: Ready to found a startup, but my co-founder is on a temporary visa

#4

Post by JWhiteaker » Wed, Jun 27, 2012, 12:52 AM UTC

israelyc wrote: post #3

Have him apply to an MBA program that offers CPT courses and give him an "internship" position.

That's not a bad idea. A student visa in general would at least delay the problem.

Re: Ready to found a startup, but my co-founder is on a temporary visa

#5

Post by israelyc » Wed, Jun 27, 2012, 1:51 AM UTC

JWhiteaker wrote: post #4

israelyc wrote: post #3

Have him apply to an MBA program that offers CPT courses and give him an "internship" position.

That's not a bad idea. A student visa in general would at least delay the problem.

Would work for two years, by then, with funding and you as a co-founder he should lose a controlling stake and your startup would be able to get him an h1b.

Re: Ready to found a startup, but my co-founder is on a temporary visa

#6

Post by canttestthis » Wed, Jun 27, 2012, 3:31 AM UTC

JWhiteaker wrote: post #2

I'm aware of the startup visa act ( http://startupvisa.com/ ), but that is not going to be available by the time we would need it (assuming it even passes).

Wikipedia says this bill is awaiting committee review. I'm curious, and I'm not familiar with US Congress stuff, but how long do these things usually take?

Re: Ready to found a startup, but my co-founder is on a temporary visa

#7

Post by eshvk » Wed, Jun 27, 2012, 11:07 PM UTC

israelyc wrote: post #3

Have him apply to an MBA program that offers CPT courses and give him an "internship" position.

He would be able to do only part time CPT from the get go. This is capped at a max of 20 hours per week. Once 9 months have passed, he can do full time CPT of 40 hours.

Re: Ready to found a startup, but my co-founder is on a temporary visa

#8

Post by israelyc » Wed, Jun 27, 2012, 11:13 PM UTC

eshvk wrote: post #7

israelyc wrote: post #3

Have him apply to an MBA program that offers CPT courses and give him an "internship" position.

He would be able to do only part time CPT from the get go. This is capped at a max of 20 hours per week. Once 9 months have passed, he can do full time CPT of 40 hours.

Not true. Some colleges let you take full time CPT classes (3 credit) as part of their curriculum. However, if the total exceeds 1 year of full time work he will not be eligible for a year of CPT with no school after he graduates.

Where are you located?

Re: Ready to found a startup, but my co-founder is on a temporary visa

#9

Post by eshvk » Sun, Jul 01, 2012, 4:06 PM UTC

israelyc wrote: post #8

eshvk wrote: post #7

Earlier quoted context omitted.

He would be able to do only part time CPT from the get go. This is capped at a max of 20 hours per week. Once 9 months have passed, he can do full time CPT of 40 hours.

Not true. Some colleges let you take full time CPT classes (3 credit) as part of their curriculum. However, if the total exceeds 1 year of full time work he will not be eligible for a year of CPT with no school after he graduates. Where are you located?

From here: ( http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-... ) Refer the paragraph:

"Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. "

Re: Ready to found a startup, but my co-founder is on a temporary visa

#10

Post by israelyc » Sun, Jul 01, 2012, 4:42 PM UTC

eshvk wrote: post #9

israelyc wrote: post #8

Earlier quoted context omitted.

Not true. Some colleges let you take full time CPT classes (3 credit) as part of their curriculum. However, if the total exceeds 1 year of full time work he will not be eligible for a year of CPT with no school after he graduates. Where are you located?

From here: ( http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-... ) Refer the paragraph: "Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. "

I know for a fact that this is not true for an MBA student. Maybe it only applies for a bachelors.

Email me if you need specifics.