

Startups and H-1Bs - jayliew
http://www.visalawyerblog.com/2008/12/h1b_visa_lawyer_about_new_comp.html

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male_salmon
I thought from the first paragraph the article was going to talk about how
H1-Bs can start their own company but really it was about how startups can
hire H1-Bs. Well, I'm already in that situation so it's not of much use to me.

I think most H1-Bs think that they have to stick with the same company for
years until their green cards get approved. Well, that's not really true. It
didn't seem too risky to transfer my H1-B to my second company when I had to.
And when I needed to move to my current company, I could even transfer my
green card application because the AC21 rules state that if my I-485 has been
in processed for 6 months (or something like that), I could transfer that too.
What all this means is that I don't think H1-Bs are beholden to the companies
they are currently at. They can switch if their new companies are willing to
process the legal documents for them. And even if they can't pay the fees, it
shouldn't amount to too much (~$1k).

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raju
I too am on an H1-B, and as far as I know, what you say is true. Once your
I-485 has been approved for a period of 6 months or longer, you can move
companies, though from what I hear, it raises a few questions when it comes
for the INS to finally approve your petition.

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ojbyrne
I've heard of a couple of interesting things lately suggesting that despite
the "downturn" there's been some positive changes in US immigration policy.
Well, one substantive one,really. TN visas (huge for Canadians) are now good
for 3 years instead of 1.

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makecheck
A longer TN visa is only nice if, in fact, your goal is _temporary_ work in
the U.S. If you actually expect a green card some day, this change is a curse.

When your 2nd H-1B expires, you _must_ have started the green card process (or
equivalent) to stay in the U.S. For most people, this is within 6 years of
arriving in the U.S. But for TN visa holders, they stay in the U.S. for the
duration of all their TN visas, and _add_ the roughly 6 years for H-1B after
that. So now, this could be 10 years or more.

And the companies I've seen are in _no rush_ to start your green card any
sooner than they have to, as it costs them money (and you may just quit).

What's worse, there is some risk and complexity in switching jobs while on a
visa; technically there is a chance you could lose all rights to stay in the
U.S. when you quit your job.

So most people will work for a single company for many, many years, just to
get their green cards. If you aren't completely in love with your job, this
would suck.

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neilk
In my experience, startups simply cannot focus on the onerous paperwork and
the twists and turns of the legal process. Sometimes circumstances change even
from month to month; new interpretations of the law come down, and so on.

I've been through the visa merry-go-round three times. Once with a startup,
once with an ultra-cool company growing at light speed, and once with a
relatively uncool company that just has lots of experience with this. The
third one wins hands down. This is one of the few advantages, in my opinion,
to working for an established company.

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davidw
"loosing their ... jobs" ? Ouch.

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lionhearted
If you're doing really innovative things, look into an H3 visa (training) as
well. They're cheaper for the employer, are issued more than one time of the
year, and there isn't a lottery. There is more paperwork required, and you
need to be doing something that the person can't learn in their native land.
If you're doing something like game design, that'd be an easy one. There's
other requirements, but check in with an immigration lawyer if you're an
innovative company and hiring. I went through 80% of this process with an
international hire.

