Sophie Alcorn, lawyerits author and founder Alcorn Immigration Law in California’s Silicon Valley, is an award-winning Certified Specialist in Immigration and Nationality Law from the State Bar Board of Legal Specialization. Sophie is passionate about overcoming borders, expanding opportunities and connecting the world by practicing compassionate, visionary and experienced immigration law. Connect with Sophia on LinkedIn and Twitter.
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Dear Sophia,
My colleague and I work at a large technology company. We have an idea that we want to pursue for our startup. We are both on H-1B visas. Our I-140 EB-2 green card applications have been approved, but we are waiting for our green card priority dates to become current. How do we transfer our H-1Bs to a new startup? Can our green cards be transferred to our new startup?
— Emerging Entrepreneur
Dear popup,
Congratulations on deciding to start your own company! I have answers and options for you!
Given your new journey, listen to my fascinating conversation with Miles Randle about his venture studio experience helping founders navigate immigration. We shed light on how the visa and green card processes can affect how quickly founders reach successful startup milestones and the characteristics that make a successful founder.
The short answer to your second question is unfortunately no, I-140s for you EB-2 Advanced degree or exceptional ability green cards do not carry over to your startup. Your startup will need to file a new I-140 to grant you an employment-based green card, or you will need to apply for an EB-1A emergency green card or an EB-2 NIW (National Interest Waiver) green card . However, your priority date will be “transferable”. And if you’ve reached the I-485 stage, you may have other portability options.
I recommend consulting with an immigration attorney about porting 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 backup options — so you and your colleague can reach your dreams. Now, let’s dive in!
