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Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

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Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#51

Post by read »

sanchitarora wrote: post #39
eshvk wrote: post #19

Earlier quoted context omitted.

> Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension. You need to start working at a company with no more than total 90 days of unemployment between jobs. Also, the 17 month extension works only if the company is enrolled in everify.

The e-verify process is very easy and if you have incorporated your startup you can go ahead and do the e-verification yourself. Keep in mind that you are employee of your own company, so as long as the company is registered you should not have the 90 day unemployment problem.

I can confirm a friend incorporated and did the e-verification themselves and indeed did not have the 90 day unemployment problem.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#52

Post by cemregr »

convulsive wrote: post #50
cemregr wrote: post #26

* You can do this on the OPT *. Without OPT F-1 employment rules are strict. But the OPT is basically a green card when it comes to what kind of work you can do (anywhere, you don't have to ask anyone's permission to change employers, you can freelance, you can start a business, you can work for multiple employers). You need to work full-time on OPT. I don't know how they check but you need to be prepared to prove th…

Hi, can I shoot you a few quick questions over email about the process of applying for OPT extension while employed at your own company? Would really appreciate some advice on this.

Sure. public at cem dot re

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#53

Post by cemregr »

datacog wrote: post #28
cemregr wrote: post #26

* You can do this on the OPT *. Without OPT F-1 employment rules are strict. But the OPT is basically a green card when it comes to what kind of work you can do (anywhere, you don't have to ask anyone's permission to change employers, you can freelance, you can start a business, you can work for multiple employers). You need to work full-time on OPT. I don't know how they check but you need to be prepared to prove th…

Hi, So I'm on F1 OPT stem extension which is about to end in June 2014. How to tackle things after the stem gets over? H1B sponsored by my company ?

Yeah, when the OPT runs out you need H-1B. However there's something called the Cap-Gap extension which extends your OPT until your H-1B begins.

I actually got an O-1 because my company got press and funding and I was able to use that as evidence of extraordinary talent .

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#54

Post by [deleted] »

datacog wrote: post #28
cemregr wrote: post #26

* You can do this on the OPT *. Without OPT F-1 employment rules are strict. But the OPT is basically a green card when it comes to what kind of work you can do (anywhere, you don't have to ask anyone's permission to change employers, you can freelance, you can start a business, you can work for multiple employers). You need to work full-time on OPT. I don't know how they check but you need to be prepared to prove th…

Hi, So I'm on F1 OPT stem extension which is about to end in June 2014. How to tackle things after the stem gets over? H1B sponsored by my company ?

[deleted]

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#55

Post by tahminawatson »

http://watsonimmigration.wordpress.com/2011/08/09/h1b-visas-...

Hi, if you are on your OPT and have an H1b pending, you can extend your OPT until October 1. Depends when in April your OPT expires but H1bs must be filed by April 1 so you could very well utilize that opportunity.

Depending on the country of citizenship, you could consider an E2 visa also.

I am a strong advocate for the Startup visa which would have helped you.

I assist startup founders with visa options and would be happy to help.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#56

Post by neilk »

tostitos1979 wrote: post #49
neilk wrote: post #35

This is what most hackers want: - residence in the USA; - working for a small salary to cover expenses, - but with strong guarantees of equity (ownership or something like it) US immigration law is designed to stop all of this. Because for most other cases, that would mask shenanigans like a foreign worker undercutting a US competitor, or even a foreign worker being exploited. Bottom line, you may be able to hack thi…

I'm a Canadian in the US. I'm exploring moving back to Canada . Specifically, I'm looking at the Toronto area. I'm not impressed by all the process around incubators and raising small amounts of funds. It is a bit discouraging. 1) The govt seems to be putting money into encouraging startups, which is great. The way they are doing it seems to be broken. The programs all require gatekeepers with silly processes (e.g. a…

No, I agree with you quite a lot.

It amazes me how much time startups in Canada devote to getting grants. But, when you lack private investors like SV, and the government is a willing partner (with lots of strings attached), this is what happens.

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