5 ms·
What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and con
by whack 9y ago
What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and continue working at their H1B "day job" in the interim?
My understanding is that the H1B visa does not allow you to do any work for anyone apart from your visa sponsor. If a co-founder were to spend his evenings working on his startup which has been incorporated, I'm not sure if that would conflict with the above regulation, and if so, how to work around this.
I'd be happy to contact you privately if you prefer that.
- proberts 9y agoIt's possible to have two H-1B employers, one based on full-time employment and another based on part-time employment. This is referred to as concurrent H-1B employment and it requires two approved H-1B petitions.
- nialv7 9y agoSo it's possible to found a company to sponsor a H1B for myself?
- EduardoBautista 9y agoA lawyer once explained to me that there needs to be an employer - employee relationship. Basically, there needs to be a possibility of being fired. So if you have total control of a company the H1B visa would not be possible.
- pravula 9y agoNot a lawyer: Yes, as long as there is an employer-employee relationship. Meaning, someone in your company should have the power to fire you, usually a Board of Directors.
- d3fun 9y agoAs an H1B visa holder will it be possible to be a co-founder of a company? As a co-founder, with majority interest you ar e an employer not sure if H1B allows that.
- codingbear 9y agoI have the same question as well.
- proberts 9y agoThat's right, in the H-1B context, there needs to be an employer-employee relationship between the petitioning company and the sponsored worker and this (in the eyes of USCIS) ultimately means the ability of the petitioning company to fire the sponsored worker and otherwise control his or her employment.
- user-on1 9y agoSo basically for a person on H1B to startup, can we take below as steps ? Please correct me if i am wrong ! 1. A decide's to startup. 2. A find's 2 US citizens B & C as co-founders. 3. A gives idea to B & C and asks them to build a PRODUCT. 4. A takes 49% ownership, B & C takes 25.5 % ownership. 5. B & C finished building a MVP or SLC PRODUCT. 6. B & C apply for VC Fund. 7. B & C get X fund from Z. 8. B & C incorporate a COMPANY. 9. COMPANY sponsors H1B for A and hires A as co-founder. 10. A joins COMPANY. 11. A & B & C continue building their PRODUCT. 12. PRODUCT becomes successful. 13. A applies for STARTUP based Visa. 14. A becomes US Citizen 15. A starts COMPANY B. Kindly tweak or update to fix any mistake in this process. I think it will be of great help to many and benefit everyone.
- rajeshp1986 9y agoThe problem here is if you are A, then no one will give 49% stake to you because of your idea. This only works on paper but in reality you will get screwed.
- vira28 9y agoOh wow !! So for giving the idea A takes 49% ownership?!
- sumedh 9y ago> COMPANY sponsors H1B for A and hires A as co-founder. You cannot be hired as a cofounder you need to be hired as an employee.