I'm an Indian citizen on an F-1 visa. Some of the code I'll be writing as part of my research will be used by a startup by my advisor. Since the code belongs to the university, the startup will be licensing the code from the university. However, my advisor wants to give me some stock options in the startup as royalty for the code. Note that the stock options are for code that I'll be writing in the future - not just for code I've written in the past.
Am I allowed to take the stock options or is that illegal under my immigration status?Edit: Just wanted to note that university policy provides compensation to the actual creators unless the creators explicitly wave that right.
First, if the code belongs to the university, then there would be no royalties to you. Stock options for code you will write in the future would only be appropriate if you are authorized to work when you write the code.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Charles.
You should be very careful so that you do not jeopardize your F-1 status.
Marc Taylor, Esq.
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