On: I’m Peter Roberts, immigration attorney who does w...

[vpl0512]

Hi Peter, I am on h1b and working for an employer. I am joining as a co-founder to a startup. Can I get compensation or profit for my work there? I am expecting to resume role of CTO. Can there be any legal implications?

[proberts → vpl0512]

In what status are you joining the startup?

[vpl0512 → proberts]

I am on H1b visa (my I-140 has been approved since last 6 years by my present employer.) I have notified my current employer and there is no conflict of interest. Do I need any approval from USCIS to work on the new startup?

[proberts → vpl0512]

So, to be clear, has an H-1B petition been filed for you by your startup?

[vpl0512 → proberts]

No. Nothing has been filed by the startup.

[proberts → vpl0512]

As a cofounder, an H-1B will be problematic so if you go that route, you should continue to explore other options while that petition is pending such as an O-1 because the H-1B petition could get denied - or just look at the O-1 now.

[vpl0512 → proberts]

Oh. So can I hold O-1 And H1B together? can I work parallel to both (my employer and startup)? I want to utilize this new venture to go on EB-1A (Extraordinary ability). Is it possible?

[godelmachine → vpl0512]

Nice question. Hope Peter answers.