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Comment by timewarrior | Hacker News Reader

I built a company and sold it to Dropbox. Building another company to cure Cancer using AI. Leadership positions at various big companies. Wrote a book about Entrepreneurship which is part of an Executive MBA program. Built the biggest social network to come out of India.

Because I am from India, I would never get a Green Card through EB-2 (though I have two approved EB-2 petitions). Yesterday, USCIS denied my EB-1 petition using argument which are against the law. Now I have to leave US :(

I have an approved O-1 (extraordinary ability), but apparently, once you have filed for a Green Card Adjustment of Status, you can't get a visa stamp for anything other than H-1. Not sure if I can come back!

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Sorry for your misfortune.

But at this point, wouldn't it just make sense for you to just go to a country which is more welcoming?

Yes. Couldn't agree more!

Yes, this is a good strategy. Move the capital and jobs to some other country. Singapore or Canada are a good options that have been used by my other Indian friends.

You are the quintessential example of how flawed the US immigration system is.

p.s. If you are looking for work, I would love to chat with you (simone at fabrica.city), and help you eventually come back to the US (L-1?).

Appeal. Courts are the best way to challenge USCIS.

Pardon my ignorance but why do you need to leave the US again?

Based on my limited understanding - if you already have a EB-2 petition approved, you should be able to continue working on H1 as long as your employer is sponsoring you unless you're moving out of frustration due to long wait times.

To do that I would need to take up a job at some big tech firm.

If someone in my situation is forced to do shut down his startup and work for a big firm to stay in US, imagine how difficult it would be for someone else to decide to quit their job to do a startup!

I think big companies have played this well!

Have you considered applying for EB-5 investor visa as an option (apparently the date is current for India)? Are there further restrictions other than the chance of losing the investment?

It will take 2 years to get a temporary Green Card. Even after that it take 2+ years to get Permanent Green Card, and it depends on a third party creating and maintaining jobs. So starting now doesn't help in the immediate term :( And too much uncertainty for longer term.

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