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Comment by Hisoka | Hacker News Reader

Wait a minute, I got a question I hope people can clear up for me... because I see a huge elephant in the room.

So they're saying if you have a H1-B visa, you can work for your own company full-time.

But.. umm.. if you have a H1-B visa, that means you probably got it from your current employer whether it's Google or Goldman Sachs. That uh.. means you're already working for them full-time, and if you quit, then your visa is gone! And now the rule doesn't apply to you anymore.

Am I missing something here?

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An H1b can be transferred so you can switch companies with it.

Well the way I understand it. That's how it should work. You keep working on your existing H1b for Google or whatever, start your own company. Give yourself a job in your company, joining to which depends upon the new H1B that you will apply for. And once it is approved, you can quit your previous job and hence the previous H1B. Correct me, if am totally off on this.

I think you're right, but it still complicates things. You'd basically have to set up a company, then not do anything with it for a number of months.

This is exactly the kind of thing that could make investors very wary.

You are correct with that scenario.

But also, now you are able to create a company that is profitable from day one, and might not need any external funding for a long time. At least the opportunity is there to create something.

Not all companies need investing. :)

So all the filing/lawyer fees would be paid by yourself for the transfer since it is your own company now? Between that and the prevailing wage req, I still see quite a high bar. :\

What does "treated as an employee" mean though? That's presumably intended to prevent people from just starting a one-person company employing themselves.

I came here exactly with the same question! To build my company from ground up, I need to work for it. But how can I do that if I am already working full time for my current employer ?

you can file to be a part time h1b employee.

That is true. But being on H1B myself, I have rarely come across any employer who's willing to hire me part time. But again, it's possible.

I mean, file a part time H1B for yourself

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