Is there any way for an Indian H1B person to start up and sell in the US market?

Microsoft UMbR31
Dec 2, 2018 40 Comments

Have been doing a ton of homework in the last few months. Goal is not to set up a outsourcing entity but a SaaS product. I want the IP to be owned by US entity to facilitate any acquisition in the future. Cannot get green card till 2040, eb2 queue entering 2019. Is there any path apart from the following:

Setup Delaware C corp, create India subsidiary of said entity, book revenues into C corp and employ entire workforce in Bangalore? Sales people in the US are employees of US entity.

Have you seen any other models work? I'm just trying to see if I can start without leaving the US. Coming back to a US job isn't easy once you leave.

(join YC and get an O1 visa: No, YC rejected this already. Unshackled ventures not an idea since path unclear after their program.)

comments

Want to comment? LOG IN or SIGN UP
TOP 40 Comments
  • Google Barksdale
    Why not set up the company in India and try to get funded by Sequoia or one of the other big name VCs that operate in India? It's not like India based statups can't have big exits.
    Dec 2, 2018 6
    • Facebook SherylS
      You can sell the IP from the indian co to the US holding entity before acquisition. That's what Google and Apple do as well. IP is owned by Ireland to facilitate taxes to be incurred there for global sales. They transfer any new IP to the Irish holding company periodically.
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      I see
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Also RBI guidelines make sure credit card charging requires 2FA. So Indian SaaS are Incorporated in the US or Singapore.
      Dec 2, 2018
    • Nothing wrong with 2FA. Should be encouraged more
      Dec 3, 2018
    • Microsoft UMbR31
      OP
      SaaS customers will leave if you 2FA every month
      Dec 3, 2018
  • Deutsche Bank / Eng Cruella
    1) Get an H1b transfer to your own company as CEO - very tough but doable if you have some funding.
    2) whoever said YC was necessary for O1 ? You can get O1 if you qualify the preconditions
    3) Try EB1A
    Dec 2, 2018 14
    • Deutsche Bank / Eng Cruella
      Again - never said it’s easy
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Yes H1B makes sure you can't be your own employer. And I wouldn't prefer to be in a situation when any body can ask for a UScis audit on me at any point just to fk with me
      Dec 2, 2018
    • Deutsche Bank / Eng Cruella
      Search O1 for entrepreneur - speak to good lawyers.O1 is your best bet
      Dec 2, 2018
    • Deutsche Bank / Eng Cruella
      1 is even more difficult given current hostile USCIS behavior. Research on O1, it can be worked out
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Thanks DB. Got some homies at CIB Goregaon.
      Dec 2, 2018
  • PayPal 🥨 !
    OP, how old are you btw ?
    Dec 2, 2018 8
    • PayPal 🥨 !
      I am 31.

      Nah, you are fine. I know people who have started right out of masters on OPT also.

      Even I was like you trying to find ways and always attending meetups etc. so, I know a little bit about it.
      Dec 2, 2018
    • PayPal 🥨 !
      I would suggest you to get your I-140 done from Microsoft if possible.
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Yeah I really wish I did it on opt. I chased down the best probability s
      American company for H1B lottery clearing.
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Boat has sailed man, left MSFT long back, restarting at current employer.
      Dec 2, 2018
    • PayPal 🥨 !
      But it’s ok. Not everyone is successful in starting a company right out of college. You have some experience now which is good and also an H-1. It is still possible. You may have to hustle more now with a job. Not easy but possible.
      Dec 2, 2018
  • Roku / Eng
    Waggish

    Roku Eng

    PRE
    Yahoo
    Waggishmore
    One other thing you need to note is how your app take payments; it is much simpler if your company is registered in US.
    “Coming back to a US job isn't easy once you leave.“
    This is not true, as long as you have 140 and H1B you will never fall under CAP.
    There is no way legally you can run a c-Corp all by yourself living in US.
    Dec 2, 2018 1
    • Microsoft UMbR31
      OP
      I don't have i140 mate, need to start the process
      Dec 2, 2018
  • PayPal 🥨 !
    It is possible. It is just that you cannot own majority of the company. Try to meet an investor and discuss.
    Dec 2, 2018 5
    • Microsoft UMbR31
      OP
      I don't want to be in a position where the team knows their CEO can be thrown out at any point.

      Have you seen any structure like this work somewhere? Theoretically yes I agree yes it's possible.
      Dec 2, 2018
    • PayPal 🥨 !
      I know a couple of guys who did it. They even raised money. Advantage is you can apply for green card in EB-1.

      No, I don’t think it means you can be thrown out. I think it means you cannot own the company(100%). I think there should be some kind of a board to fire you.

      You have to check this with the attorneys before you make a decision.
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      I see. How does this translate to eb1? Can I ping you, would you be able to share some anonymous examples? Also how does this translate to eb1?
      Dec 2, 2018
    • PayPal 🥨 !
      Yes DM me.
      Dec 2, 2018
    • Microsoft UMbR31
      OP
      Thanks man
      Dec 2, 2018
  • This can be done in US. I know someone founded a company (raised seed and A round which really helped) and approved for eb1. Talk to immigration lawyers and investors, they know this is possible.
    Dec 2, 2018 0

Salary
Comparison

    Real time salary information from verified employees