
Ask HN: How can I go full-time on my startup with H1B visa? - parttimer
(posting from a one-time account for anonymity)<p>Hi HN,<p>Some background:
* I've a valid H1-B Visa i.e. I've a day job. 
* My Green Card (Permanent Residency) application is in the last stage, but it will still take 3-4 years to get the GC.
* I run a web-application in the part-time, which makes decent money and has decent traction. 
* I've a co-founder, who is also part-time, and is in the same boat as mine.
* I was doing fine until a competitor came with serial/celebrity entrepreneurial background, and they are executing fast with boat loads of money.
* Having competitors validated my idea/market, so I'm more excited to compete now.
* To execute it faster, now I need to go full-time and raise some angel money.<p>But -
* What are the options for me to go full-time by sponsoring my own H1B visa?<p>I've heard/read that if I raise around 200-300K, then I can start a company and it can sponsor my H1B visa.<p>I'll obviously consult with lawyers.<p>But my main questions are - 
* Has anyone already done this kind of thing before so that I can have a chat with you? 
* Do you have any recommendations for lawyers who have helped you to do this?
* How feasible is this in current economic situation?<p>Thanks in advance for your feedback.
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prpon
Based on your description, you seem to be on EAD or will qualify for one
(Employment Authorization Document).

A person in the final stages of green card qualifies for AC21 (American
Competitiveness in the Twenty-First Century Act of 2000)

Being on an EAD allows self employment provided that a) It is a full time
employment b) Your new responsibilities are similar to the one original green
card application.

For more information refer to the AC21 document or one of the several online
forums. Here's one I recommend:
[http://imminfo.com/Library/AC21_issues/AC21-portability-
self...](http://imminfo.com/Library/AC21_issues/AC21-portability-self-
emplyment.html)

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kareemm
I was in a similar situation. H1B with a big company, left to start a company
with an American co-founder who applied for the H1 transfer (which isn't
subject to a cap).

Email me and I can hopefully give you some insight. Email address is on my
site.

~~~
awa
You should really be sharing your story here so others can benefit (maybe
write a blog post if its long)

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dannyr
If I remember it right, investing a million will get you a Green Card. Not
quite sure if investor money counts though.

But basically, an H1B visa ties you to your employment so working on your own
startup on that visa is not allowed.

The Startup Visa could help you though but it's only a bill right now.

~~~
ardit33
yes you can work for something, as long at you are not employed.

eg. you can work to jump start a startup, and get equity for it, or even be a
founder and own a chunk of it, but you are not allowed to be a 'employee' of
that startup.

You really have to get the advice a good lawyer for this. Not one of those big
firm shops though. There are many good lawyers around SV, that are in small
firms/own practice. You probably will get better advice from them..

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einarvollset
What you and your cofounder is doing now (working part time on your web-app)
is probably already illegal while on your H1B, even if you're not getting
paid. If you have incorporated in some form or another it's definitely
illegal. Be very, very careful.

Your best (only?) option to have your own company sponsor you is an O1 visa.

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siong1987
I don't think it is possible to let your own company to sponsor your H1B visa
anymore.

[http://smallbusinessonlinecommunity.bankofamerica.com/messag...](http://smallbusinessonlinecommunity.bankofamerica.com/message/83727)
< a random google link.

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olalonde
You should ask your question over at <http://answers.onstartups.com/>.

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sharan
It used to be easier but since the Neufeld memo that came out a few months ago
it has gotten harder. More details here:
[http://www.internationallawoffice.com/newsletters/detail.asp...](http://www.internationallawoffice.com/newsletters/detail.aspx?g=f68e66cf-
ec57-483e-a48f-1cc2ec521c01)

Essentially, this requires that you prove Employer-Employee distinction.
(Harder to do as a Founder). Something that you can support in the meanwhile
is <http://startupvisa.com>

It won't solve your immediate need however.

I'd agree with most of the other comments here with your best bet is to
consult with an attorney.

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pbiggar
I recall reading recently (perhaps last week) that the rules had been
clarified recently so that you could not get a H1B visa sponsored by a company
of which were a major shareholder.

If its an option, you could ask your company super nicely to keep you on
board, and just stop paying you. I doubt this will work, but it might be worth
a shot.

~~~
fleitz
Why not get options in the company that accelerate on a sale / acquisition
with an extremely low share price, maybe $0.0000001? That should keep the
gov't at bay.

