Sophie Alcorn, lawyerauthor and founder of Alcorn Immigration Law in Silicon Valley, California, is a Certified Specialist Attorney in Immigration and Nationality Law awarded by the Board of Legal Specialization of the State Bar. Sophie is passionate about transcending borders, expanding opportunities, and connecting the world by practicing compassionate, visionary, and expert immigration law. Connect with Sofia in LinkedIn and Twitter.
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Dear Sophie,
My colleague and I work for a large technology company. We have an idea that we want to implement for our startup. We both have H-1B visas. Our I-140 EB-2 green card petitions have been approved, but we are waiting for our priority dates to be updated for our green cards. How do we get our H-1B visas transferred to a new startup? Can our green cards be transferred to our new startup as well?
— Emerging entrepreneur
Dear emerging,
Congratulations on deciding to create your own company! I have answers and options for you!
Given your new journey, listen to my compelling conversation with Miles Randle about his experience at a venture studio helping founders navigate immigration. We shed light on how visa and green card processes can impact how quickly founders reach successful startup milestones and the traits that contribute to a successful founder.
Unfortunately, the short answer to your second question is no, I-140 for your EB-2 Advanced degree or exceptional ability green cards are not transferable to your startup. Your startup will have to file a new I-140 to sponsor you for an employment-based green card or you will have to self-petition for an EB-1A extraordinary ability green card or an EB-2 NIW (National Interest Waiver) green card. . However, your priority date will be “transferable.” And if you reached the I-485 stage, you may have other portability options.
I recommend consulting an immigration attorney about transferring your H-1B and green card options that meet your plans and goals. An immigration attorney can work with you to determine the best strategy (and supporting options) for you and your colleague to achieve your dreams. Now, let's dive in!
