On: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

[maddynator]

I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card.

Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years before I can get anywhere with EAD or citizenship.

How do I go about starting a company on H1B?

[proberts → maddynator]

It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.

[maddynator → proberts]

thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly.

Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?

[ultimoo → maddynator]

I think that's an unfair characterization based on citizenship.

[somerandodude → maddynator]

I'd take a look at passright.com. They've helped tons of engineers and their approval rate (when you follow all of their instructions, of which there are quite a few) is very very high (90%+).

[suyash → proberts]

I thought one can't work for one's own company in O-1 just like H1B no?

[proberts → suyash]

As a general rule, being a founder and/or substantial owner doesn't disqualify one from O-1 classification (and in fact is usually an asset). The standard for O-1 classification is less whether one meets an abstract standard of extraordinary ability and more whether one meets the specific O-1 criteria which are often within reach of talented engineers without advanced degrees, particularly those who have founded or are in the process of founding a company.