Startups with a H1

tejaswiyvs

New Member
Hi all,

I've just graduated with a CompSci degree from Stevens institute of technology. One of my dreams has always been to have a startup in the US. I've tried Googling and asking around a bit and I'm unable to get any clear info on the situation. I'm currently on an H-1 and I'd really be grateful to anyone who can explain in practical terms what it takes to start a company in the US.

Most of my Googling has lead me to people using politically and legally correct terminology like this -

"In other words, a person on an H1B or other temporary work visa in
the United States is legally allowed to invest in any venture or
company and could possibly undertake some limited volunteer work on
behalf of the venture or company. However, the individual cannot work
indefinitely for that company and earn a salary without obtaining
prior approval from the USCIS or DOL to work for the particular
venture or company."
" We have also seen groups of H1B holders join together to start
companies. While it is necessary to be extremely careful not to
violate one's status, at least in this situation there are more people
involved amongst whom to spread volunteer efforts and get the company
started. "

I guess what I'd like to know is practical stuff like - Can you work on for a company that did your H1 and develop for the startup during evening? Can you get VC funding? After a while, can you get your own company to file a H-1 for you and shift to fulltime work for your company?

Any help on this is really appreciated!

Thanks,
Teja.
 
If you are on H1B, then you can legally work only for companies that sponsored your H1B (You can also work for multiple employers if all of them sponsor H1Bs for you and got approved).

However, you may not work legally for any firm that didn’t sponsor your H1B. You cannot also sponsor your own H1B. You can start your own company ONLY if you are a citizen, permanent resident, or on EAD.

I hope that makes things clear.
 
Ah man, that totally blows. Is this just for companies or does it apply even if I make money from the Appstore?
 
You may get paid legally only by an employer who sponsored an H1B for you. However, you can work for free. For example, you can involve in an open source development community (without getting paid).

I’m on H1B and I have my NIW I-140 petition approved. But when I asked but my lawyer whether I can start a business since my GC petition has been already approved, he stated that I cannot start a business until I get my EAD or GC.
 
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