4 ms·

I hope this happens 10 years ago. But congratulation to all H-1B hacker news readers. You now can do something amazing without worrying about your visa.

untog 15y ago
Unfortunately, not really true. The real strength for natives is that they can spin up a company on their own time- create a product and throw it out there. If it works- great- quit your day job and go to your startup. If it doesn't, no big deal- you still have your full time job. 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.
- vynch 15y ago
  yes but at least now you can actively seek venture capital!!
  - untog 15y ago
    Yes... but you also have to explain to the venture captialist that you'll be unable to work for the company you created for a number of months while your paperwork goes through. Don't get me wrong, this is a step in the right direction. But the mythical Startup Visa it is not.
    - sp_ 15y ago
      I had my H-1B visa transferred between companies last week. Took seven business days, not months. My new company paid for premium processing, which is supposedly guaranteed to complete the process in 15 calendar days.
      - untog 15y ago
        The process isn't complete though, correct? You have authorisation to work for your new employer, but the actual transfer is complete- that takes months. Not that there's anything to worry about usually, it's just the kind of uncertainty that really isn't helpful when you're setting up a company.
        trustfundbaby 15y ago
        Not correct ... as soon as the transfer goes through you can start work at the new company.
        untog 15y ago
        That's why I said: "You have authorisation to work for your new employer" But the actual transfer is not complete. You are not guaranteed to be able to continue your work. The chances of problems are small, but it does happen.
  - vynch 15y ago
    a) Although I agree it is a gray area,the USCIS is probably not going to come after you for "working" for your company for free while you waited for the H1-B approval. b) Noone has to know. c) Although different apporaches exist,my opinion is that you should have probably already made something that a lot of people use even before you talk to the VCs.By doing this you were working for your company without an H1B.But this issue can be solved if you refer to point - B above.
    - untog 15y ago
      "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 deported. I want these kind of changes because I want to be legitimate.
      - vynch 15y ago
        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.
        fredoliveira 15y ago
        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.
    - deleted 15y ago
      [deleted]
- trustfundbaby 15y ago
  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
  - akat 15y ago
    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.
    - trustfundbaby 15y ago
      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.
      - fredoliveira 15y ago
        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.
        trustfundbaby 15y ago
        Ah. Thanks for clearing that up ... Its a risk one must take but you don't just wake up one morning and 'fail' ... you see it coming, and you should be able to line up interviews and at least make an attempt at getting a gig before that happens .... thats what I'd do, but that's just me.

untog 15y ago

Unfortunately, not really true. The real strength for natives is that they can spin up a company on their own time- create a product and throw it out there. If it works- great- quit your day job and go to your startup. If it doesn't, no big deal- you still have your full time job. 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.

vynch 15y ago
yes but at least now you can actively seek venture capital!!
- untog 15y ago
  Yes... but you also have to explain to the venture captialist that you'll be unable to work for the company you created for a number of months while your paperwork goes through. Don't get me wrong, this is a step in the right direction. But the mythical Startup Visa it is not.
  - sp_ 15y ago
    I had my H-1B visa transferred between companies last week. Took seven business days, not months. My new company paid for premium processing, which is supposedly guaranteed to complete the process in 15 calendar days.
    - untog 15y ago
      The process isn't complete though, correct? You have authorisation to work for your new employer, but the actual transfer is complete- that takes months. Not that there's anything to worry about usually, it's just the kind of uncertainty that really isn't helpful when you're setting up a company.
      - trustfundbaby 15y ago
        Not correct ... as soon as the transfer goes through you can start work at the new company.
        untog 15y ago
        That's why I said: "You have authorisation to work for your new employer" But the actual transfer is not complete. You are not guaranteed to be able to continue your work. The chances of problems are small, but it does happen.
- vynch 15y ago
  a) Although I agree it is a gray area,the USCIS is probably not going to come after you for "working" for your company for free while you waited for the H1-B approval. b) Noone has to know. c) Although different apporaches exist,my opinion is that you should have probably already made something that a lot of people use even before you talk to the VCs.By doing this you were working for your company without an H1B.But this issue can be solved if you refer to point - B above.
  - untog 15y ago
    "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 deported. I want these kind of changes because I want to be legitimate.
    - vynch 15y ago
      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.
      - fredoliveira 15y ago
        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.
  - deleted 15y ago
    [deleted]
trustfundbaby 15y ago
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
- akat 15y ago
  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.
  - trustfundbaby 15y ago
    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.
    - fredoliveira 15y ago
      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.
      - trustfundbaby 15y ago
        Ah. Thanks for clearing that up ... Its a risk one must take but you don't just wake up one morning and 'fail' ... you see it coming, and you should be able to line up interviews and at least make an attempt at getting a gig before that happens .... thats what I'd do, but that's just me.