Sophie Alcorn, legal professional, writer and founding father of Alcorn Immigration Law in Silicon Valley, California, is an award-winning Licensed Specialist Lawyer in Immigration and Nationality Legislation by the State Bar Board of Authorized Specialization. Sophie is obsessed with transcending borders, increasing alternative, and connecting the world by working towards compassionate, visionary, and knowledgeable immigration regulation. Connect with Sophie on LinkedIn and Twitter.
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Expensive Sophie,
My colleague and I work for a big tech firm. We’ve got an concept that we wish to pursue for our startup. We’re each on H-1B visas. Our I-140 EB-2 inexperienced card petitions have been accredited, however we’re ready for our precedence dates to grow to be present for our inexperienced playing cards. How can we get our H-1Bs transferred to a brand new startup? Can our inexperienced playing cards be transferred to our new startup too?
— Rising Entrepreneur
Expensive Rising,
Congrats on deciding to create your individual firm! I’ve acquired solutions and choices for you!
Given your new journey, take a take heed to my compelling dialog with Miles Randle about his enterprise studio expertise in serving to founders navigate immigration. We make clear how the visa and inexperienced card processes can have an effect on how shortly founders attain profitable startup milestones and the traits that contribute to a profitable founder.
The quick reply to your second query is sadly no, the I-140s in your EB-2 superior diploma or distinctive means inexperienced playing cards should not transferable to your startup. Your startup must file a brand new I-140 to sponsor you for an employment-based inexperienced card or you’ll have to self-petition for an EB-1A extraordinary means inexperienced card or EB-2 NIW (Nationwide Curiosity Waiver) inexperienced card. Nevertheless, your precedence date will likely be “transferable.” And when you made it to the I-485 stage, you might need different portability choices.
I like to recommend consulting an immigration legal professional about transferring your H-1B and inexperienced card choices that meet your plans and objectives. An immigration legal professional can work with you to find out the perfect technique — and backup choices — for you and your colleague to succeed in your desires. Now, let’s dive in!
