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Old August 21st, 2011, 08:40 PM
eccentric_Loner eccentric_Loner is offline
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Want to join a startup. H-1/GC advice :)

I don't see any posts in the immigration section, but I hope someone can give me some advice here.

I work in the silicon valley as a software engineer. I've been working since 4 years in a top data-storage company, so now I have 2 years left on my H-1. There is a hot startup that I'm interested in joining, but I want to see if it makes sense from a Green Card perspective.

My current employer has already filed for my GC and I have my I-140 approved. My priority date is Aug 2008. The current priority date is April 2007.

From what I know, if 6 years on my H-1 expire and I do not have an approved I-140, then I cannot get an extension and I have to leave the country.

We all know startups are risky, so if I join one and- in the worst case- lets assume it shuts down in a year. So I have 1-year left on my H-1 which may not be sufficient to start the GC process with a new employer and get to the I-140 stage.

Given this situation, would you recommend me joining a startup ? I really don't want to stick around with my current company until I get my GC ( which can take 2 more years).

Finally, a startup at my dream location is interested in hiring me. Everything was perfect until when I told them that I need Visa and GC sponsorship. The CEO staid he has no idea what that is and asked me to send him some links so that he can read up about it. Is it worth pursuing this company at all ?


Last edited by eccentric_Loner; August 21st, 2011 at 08:42 PM.
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Old August 21st, 2011, 09:39 PM
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echarcha echarcha is offline
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Re: Want to join a startup. H-1/GC advice :)

I have missed out on some good opportunities because of my Greeen Card process.

First answer this to yourself - Do you want to be here in USA for the next 10 years or so? Do you see a career here? Do you want to go home to India and continue your career in the next 5 years? Be honest.

If you answered yes to the first two questions, then I would strongly suggest you dont screw your GC process. Do not fuck with your I-140 and portability even if you have read all the internet forums.

Now is there a way that your prospective new startup employer will help you with proper immigration lawyer, etc.? Will they make necessary changes to your job description to ensure job compatibility as per the Labour Dept?

Maybe they will, but are you sure the company will remain in business for next 2 years? I think you might need another 1 year for your dates to become current.

You are in too much of a risky or rather 'almost there' situation. Once you have your green card, you will get more opportunities in hot startups. I too am in the Valley and you and I both know that hot startups keep happening here all the time. So its not like you will miss the boat after a year or so.

And the last advise, which I always give based on experience of friends, is - Spend a few hundred dollars and go talk to an immigration attorney to get competent advise on your specific case. Jobs will come and go, but your GC process is far too delicate to fuck with.
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