
Process for a Person on H1B to Startup - user-on1
For a Person on H1B to Startup, can we take below as Steps ? Please correct me if i am wrong !<p>1. A decide&#x27;s to startup.<p>2. A find&#x27;s 2 US citizens B &amp; C as co-founders.<p>3. A gives idea to B &amp; C and asks them to build a PRODUCT.<p>4. A takes 49% ownership, B &amp; C takes 25.5 % ownership.<p>5. B &amp; C finished building a MVP or SLC PRODUCT.<p>6. B &amp; C apply for VC Fund.<p>7. B &amp; C get X fund from Z.<p>8. B &amp; C incorporate a COMPANY.<p>9. COMPANY sponsors H1B for A and hires A as co-founder.<p>10. A joins COMPANY.<p>11. A &amp; B &amp; C continue building their PRODUCT.<p>12. PRODUCT becomes successful.<p>13. A applies for STARTUP based Visa.<p>14. A becomes US Citizen.<p>15. A starts COMPANY B.<p>Kindly tweak or update to fix any mistake in this process. I think it will be of great help to many and benefit everyone.
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bsvalley
Step 7 will be the toughest. If you appear on the list of founders with %49
ownership (= biggest shareholder without being involved in the company), then
it'll be a No-Go for most of the VC's out there. The team is the main factor
when investing in a startup. You should aim for %0 at first. Then when the
company hires you, you'll get some shares back. They could even hire you as
the CEO on H1B if the investors are OK with that.

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subrat_rout
You forgot the biggest point to factor in. That is "time". Assuming you are
lucky in every steps from 1 through 11 and each steps take few months that is
few years. And for a product to be successful add few more. Not sure what is
timeline for startup visa but if you are applying for green card based on H1b
and you are from country such as India or China then add +5 or +8-10 years to
your timeline. On becoming permanent resident you have to wait for another 5
years to apply for US citizenship. However you do not need to be US citizen to
start a company. You can do that when you are a permanent resident.

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user-on1
Can A have 100% ownership and incorporate a COMPANY and then assign BOD to
COMPANY Where BOD have control over A but no ownership in company?

In this config can A just hire a employee D and pay him minimum wage according
to DOL.

[https://www.dol.gov/whd/minwage/america.htm](https://www.dol.gov/whd/minwage/america.htm)

Would this setup work?

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user-on1
Yes all of you are correct, but a larger issue is at the least there needs to
be some working process in place. Ones we know that a working process is in
place, then we can look into it and see how to take next steps however
complicated they may be. I see here there are questions about few steps but
you think the overall steps make any sense or no?

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throwawayeb2
How does 13. lead to 14.? What is the birth country of the person? Remember
there is 10-15 year wait for people born in India ( few years shorter if you
are born in china) to obtain a Green Card in EB2 and EB3 category.

Depending on various factors the time between 13. and 14. could very well be
between 3 to 20 years (15 years to obtain GC and 5 years after that to obtain
citizenship).

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user-on1
I understand the timeline for EB2 and EB3, but for Startup based visas like
O1A, EB5, others if any isn't the timeline less for China and India?

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cvaidya1986
I think so but please don't take this as legal opinion and consult an
attorney.

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cvaidya1986
This is excellent. There should be a permalink entry for this as a gold
standard if this works with people commenting on how they applied it
practically.

