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 captivated with transcending borders, increasing alternative, and connecting the world by training compassionate, visionary, and knowledgeable immigration legislation. 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 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 authorized, however we’re ready for our precedence dates to turn into present for our inexperienced playing cards. How will 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 personal firm! I’ve bought 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 potential inexperienced playing cards usually are 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 potential inexperienced card or EB-2 NIW (Nationwide Curiosity Waiver) inexperienced card. Nevertheless, your precedence date shall be “transferable.” And in the event you made it to the I-485 stage, you may 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 targets. An immigration legal professional can work with you to find out one of the best technique — and backup choices — for you and your colleague to achieve your goals. Now, let’s dive in!
