If I am on H1B working for an employer, can I apply for EIR to legally work on a startup idea that I've dreamed to work on for a long time (assuming I quickly develop a product, raise enough money, have a plan for a sustainable business, hire people in US). Would that affect my H1B status and will by employer know about it? I've talked to different layers and have heard widely different opinions (from "way too risky", to... "if I were you, I do it!"). There is no such topic here on avvo. Anybody filing EIRs for H1B employees who plan to stay with the current employer and stable paycheck/status until the startup is de-risked?
EIR(s) are paroled in and so you will have to give up H-1B.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Yes, it is risky ... part of the inherent nature of a start-up.
Sorry, only on visa classification at a time. If the EIR is approved, you won't have H anymore.
I recommend NOT being one of the first to file ... let CIS issue regulations and sort-out the 'bumps in the road.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
USCIS announced that it will begin to implement the previously delayed International Entrepreneur Rule (IER) in accordance with the December 1, 2017, district court decision in National Venture Capital Association v. Duke, and provided instructions for filing under the IER parole program. However, USCIS also announced that DHS is in the final stages of drafting a notice of proposed rulemaking that will seek to remove the IER. While an entrepreneur may be able to receive an initial IER Parole and EAD it is unlikely that an extension of the IER Parole EAD will be possible. The IER may be a short term fix in certain situations. But, may not be a long term fix for persons needing to identify a means for a longer period of stay in the U.S. with employment authorization.
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