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I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card. Is there a way f
by maddynator 6y ago
I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card.
Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years before I can get anywhere with EAD or citizenship.
How do I go about starting a company on H1B?
- proberts 6y agoIt is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.
- suyash 6y agoI thought one can't work for one's own company in O-1 just like H1B no?
- proberts 6y agoAs a general rule, being a founder and/or substantial owner doesn't disqualify one from O-1 classification (and in fact is usually an asset). The standard for O-1 classification is less whether one meets an abstract standard of extraordinary ability and more whether one meets the specific O-1 criteria which are often within reach of talented engineers without advanced degrees, particularly those who have founded or are in the process of founding a company.
- maddynator 6y agothanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly. Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?
- mav3rick 6y agoMaybe try doing extraordinary things ?
- thunkshift1 6y ago@maverick how about you try contributing something meaningful to this thread?
- mav3rick 6y agoThe post is literally asking a shortcut to an extraordinary visa when they are ordinary like everyone else.
- renewiltord 6y agoYou neither have expertise nor insight on this topic. Please stop wasting everyone's time.
- Karishma1234 6y agoI do not think you understand the complexities of the visa laws of USA, so instead of judging someone please spend time educating yourself first and then make comments here.
- ultimoo 6y agoI think that's an unfair characterization based on citizenship.
- Karishma1234 6y agoWell, American immigration law differentiates between people based on where they were born, part of the reason why many of us have to waste our time working for FANG when in reality we would like to start something of our own. Discrimination in law is bound to have discriminatory consequences down the road for the folks. It is very common practice of citizens to demand a premium for being citizens from those who are on a visa and are stuck in 100 year green card queue.