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Can I cofound a startup with someone who is on an h1b visa with another company but will work with me part time (without me petitioning f…

Can I cofound a startup with someone who is on an h1b visa with another company but will work with me part… by @R44D

Answer by Raad Ahmed:

This is a time that you definitely want to be sure that you follow proper procedure as it could lead to issues for your fellow co-founder. You do have options. One potential outcome could be that you do a transfer of H1-B status so that he is able to work for your company only, but that’s not necessary either.

While there are certainly restrictions of the type of employer you can have when you are working under the H1-B status, you may be surprised to learn that the number of hours you work as well as the number of employers you work for are actually pretty flexible. You just want to be sure that you follow all the proper guidelines because there are some very specific things that aren’t allowed. Such as:

  • Part-time workers cannot work under a contract. You HAVE to establish an employee-employer relationship per the law.
  • Even if you are working part-time, your term limit of 6 years remains the same.
  • Your petition for a second job won’t be slowed based on the “cap” associated with annual H1-B visas. Basically, if you find a second employers, that petition can be dealt with right away rather than the lengthy process that usually happens for the first job.

While I understand cost can be an issue, this isn’t an area that you want to take chances with. What you need is affordability. LawTrades is the solution you are looking for. We connect clients with affordable attorneys that offer flexible payment options. We believe that quality representation should be financially feasible and we strive to provide that to each client. If you just want to feel out your options, contact us today for a free consultation.

Can I cofound a startup with someone who is on an h1b visa with another company but will work with me part time (without me petitioning f…

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