5 ms·

Ask HN: Moonlighting at a Startup on an H1B

6 points by Alk395 13y ago

I'd love any input on the following situation: We are an early stage startup looking to bring on a co-founder who is currently on an H1B. Due to how early stage we are, we currently don't have sufficient traction to sponsor his visa on our own accord. We are also in the process of incorporating, and are trying to determine the best course of action he can take so he can get involved in our company. Is there any way we can have him involved (via moonlighting, etc) in our company until we can show sufficient traction to co-sponsor an H1B on a part time basis alongside his current employer? Any suggestions would be greatly appreciated

smartician 13y ago
IANAL, but I don't see any legal possibilities here. As long as he is on US soil, he can't work for any company other than the H1B sponsor. I've never heard of H1B "co-sponsorship"; it's usually a one-to-one relationship. The only way I see is to fully transfer the H1B to the startup. Depending on which country he's from and how much money he brings to the table, an E2 visa might be an option. He would have to own at least 50% of the company though.
mansigandhi 13y ago
H1-B co-sponsorship is one of the most viable options once you have some money. Do keep in mind that you can't sponsor a co-founder on an H1-B if he/she owns more than a certain % of the company (I think it's under 5%). If he's a co-founder and has a large chunk, you'll need to look at other options. The best way to find all legal options are to talk to a good lawyer. My co-founder knows a great in SF but I can't seem to remember his name at the moment. Do send me an email and I can send his contact across. We're (founders) all Indian citizens...before we quit our fulltime jobs in the bay area, we had looked into all possibilites.
- Alk395 13y ago
  Thank you so much for your response, it's greatly appreciated! With regards to ownership in the company, it was my understanding that it just had to be below 50%, or it could even be over as long as the company had the authority to hire/fire the individual on the H1B Reference: http://danashultz.com/blog/2011/05/06/can-i-get-an-h-1b-visa-working-for-my-own-company/ http://danashultz.com/blog/2011/05/06/can-i-get-an-h-1b-visa... Additionally, if you could provide any input as to how much cash is needed to co-sponsor an H1B (relative to future implied contracts, expected future cash flow, etc) would be greatly appreciated

6 points by Alk395 13y ago

smartician 13y ago

IANAL, but I don't see any legal possibilities here. As long as he is on US soil, he can't work for any company other than the H1B sponsor. I've never heard of H1B "co-sponsorship"; it's usually a one-to-one relationship. The only way I see is to fully transfer the H1B to the startup. Depending on which country he's from and how much money he brings to the table, an E2 visa might be an option. He would have to own at least 50% of the company though.

mansigandhi 13y ago

H1-B co-sponsorship is one of the most viable options once you have some money. Do keep in mind that you can't sponsor a co-founder on an H1-B if he/she owns more than a certain % of the company (I think it's under 5%). If he's a co-founder and has a large chunk, you'll need to look at other options. The best way to find all legal options are to talk to a good lawyer. My co-founder knows a great in SF but I can't seem to remember his name at the moment. Do send me an email and I can send his contact across. We're (founders) all Indian citizens...before we quit our fulltime jobs in the bay area, we had looked into all possibilites.

Alk395 13y ago
Thank you so much for your response, it's greatly appreciated! With regards to ownership in the company, it was my understanding that it just had to be below 50%, or it could even be over as long as the company had the authority to hire/fire the individual on the H1B Reference: http://danashultz.com/blog/2011/05/06/can-i-get-an-h-1b-visa-working-for-my-own-company/ http://danashultz.com/blog/2011/05/06/can-i-get-an-h-1b-visa... Additionally, if you could provide any input as to how much cash is needed to co-sponsor an H1B (relative to future implied contracts, expected future cash flow, etc) would be greatly appreciated