Sophie Alcorn, lawyer, writer and founder of Alcorn Immigration Law in Silicon Valley, Ca, is an award-winning Specialist that is certified Attorney Immigration and Nationality Law by the State Bar Board of Legal Specialization. Sophie is passionate about transcending borders, expanding opportunity, and connecting the world by practicing compassionate, visionary, and immigration law that is expert. Connect with Sophie on LinkedIn and Twitter.

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Dear Sophie,

My colleague and I work for a tech company that is large. We now have an basic idea that we want to pursue for our startup. We’re both on H-1B visas. Our I-140 EB-2 card that is green are authorized, but we’re looking forward to our priority dates to become present for the green cards. Just how can we get our H-1Bs utilized in a startup that is new? Can our green cards be transferred to our startup that is new too

— promising Entrepreneur

Dear Emerging,

Congrats on choosing to make your very own organization! I’ve got responses and alternatives for you!

Given your journey that is new a listen to my compelling conversation with Miles Randle about his venture studio experience in helping founders navigate immigration. We shed light on how the visa and card that is green can impact just how quickly founders reach successful startup milestones together with faculties that donate to an effective creator.

The brief response to the second real question is regrettably no, the I-140s for your EB-2 advanced level level or ability that is exceptional 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 EB-2 NIW (National Interest Waiver) green card. However, your priority date shall be “transferable.” And it to the I-485 stage, you might have other portability options.

I if you made recommend consulting an immigration attorney about transferring your H-1B and card that is green that satisfy your programs and objectives. An immigration lawyer could work for you and your colleague to reach your dreams with you to determine the best strategy — and backup options. Today, let’s plunge in!(*)