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  #16  
Old 08-02-2011, 05:05 PM
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In my opinion, it is a very good positive step. Starting company and job creation is the need of the hour.

Businesses are just like us. They grow up and then down. Opportunities must be created for new entrepreneurs and things must be made favorable for them.

Lots of small businesses are very good for the economy and jobs.

Right now, the h1b visa and the GC backlog issues hamper such growth and puts budding entrepreneurs on a long indefinite wait and they are stuck with big companies on entry level or mid level jobs and kills creativity.

I would definitely welcome such measure.
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  #17  
Old 08-02-2011, 05:09 PM
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Originally Posted by pappu View Post
Unless the criteria is strict, it could open up for misuse. However it should not be so strict that people find it hard to qualify. Not every entrepreneur needs to get a VC funding or should show half million-1million in his bank to prove his credentials. Many big companies did not start with a VC funding. They had humble beginnings and if US could allow people from our community to start their companies, there could be a huge economic benefit for this country.
I agree. But the FAQ is not clear. When it comes to entrepreneurs, there is no requirement of a masters degree, anyone with or without a degree can open a startup that will be a global phenomenon (a self-plug and hope ) Eg, Microsoft.

So I am not sure what they mean by advanced degree holders. So does the usual BS + 5 substitute for the masters?

Say, by some miracle, we get the 140 approved, how about getting a H1B based on this? Should we show enough capital to pay ourselves? Usually entrepreneurs burn the midnight oil, so to speak and bootstrap themselves to get the company going. The whole purpose will be defeated if there is a prevailing wage that needs to be paid. How will this help entrepreneurship?

I can understand giving a conditional H1 or something similar, but if H1 is needed and all the rules for H1 hold, I am not sure how this will improve entrepreneurship, especially startups?

So basically, this seems to be for VC funded companies and not for the self-funded small guy working in a garage with the next big idea without VC funding. Or am I missing something?
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  #18  
Old 08-02-2011, 05:13 PM
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One of the criteria to get H1 is for the company to prove they can pay the employee atleast PWR.

I'm not sure how a new company can prove the capital they can pay?

We need to have more details, not sure if immigration attorney will be able to provide all the required details at in next few days unless UCSIS comes up with additional details.

As pappu said, they have to make to easy to create companies and not issue loads of RFEs with application process.

Last edited by lifestrikes; 08-02-2011 at 05:15 PM.
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  #19  
Old 08-02-2011, 05:14 PM
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Quote:
Originally Posted by pappu View Post
Unless the criteria is strict, it could open up for misuse. However it should not be so strict that people find it hard to qualify. Not every entrepreneur needs to get a VC funding or should show half million-1million in his bank to prove his credentials. Many big companies did not start with a VC funding. They had humble beginnings and if US could allow people from our community to start their companies, there could be a huge economic benefit for this country.
Well said. The googles, Ben and Jerrys, etc... all these entrepreneurs were almost broke and living in low esteem which made them strong big entrepreneurs. They boot strapped their initial business investment until they can prove to venture funding or seek public money.

Entrepreneurs come out of people like you and me and we must never pot any hurdles for them. This helps everyone.

The whole red tape behind the H1b visa stringent requirements and the GC backlog has made it hard for beneficiaries.

By doing this, we can have brains who are doing new things rather than sitting in a cube and trying hard to satisfy the employer and make sure the job and visa are intact.
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  #20  
Old 08-02-2011, 05:30 PM
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Originally Posted by lifestrikes View Post
One of the criteria to get H1 is for the company to prove they can pay the employee atleast PWR.

I'm not sure how a new company can prove the capital they can pay?

We need to have more details, not sure if immigration attorney will be able to provide all the required details at in next few days unless UCSIS comes up with additional details.

As pappu said, they have to make to easy to create companies and not issue loads of RFEs with application process.
This is going to be hard to prove. Usually it may take years before a business gets its shape. Most times, planning itself takes a long time and most businessmen go tight without any money during that time.

In this scenario, it must not be linked with any wage. A H1b visa can be given to an aspiring businessperson and probably extensions can be given. Probably checks can made at the GC application stage
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  #21  
Old 08-02-2011, 05:32 PM
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DHS announcement regarding the same

DHS: Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

On a different note - Another announcement is about premium processing for I140 for EB1C. So more/quicker EB1C approvals = lesser spillover??? oh well.
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  #22  
Old 08-02-2011, 05:34 PM
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Originally Posted by chanduv23 View Post
Well said. The googles, Ben and Jerrys, etc... all these entrepreneurs were almost broke and living in low esteem which made them strong big entrepreneurs. They boot strapped their initial business investment until they can prove to venture funding or seek public money.

Entrepreneurs come out of people like you and me and we must never pot any hurdles for them. This helps everyone.

The whole red tape behind the H1b visa stringent requirements and the GC backlog has made it hard for beneficiaries.

By doing this, we can have brains who are doing new things rather than sitting in a cube and trying hard to satisfy the employer and make sure the job and visa are intact.
This is what I was referencing in my post also. One of my friends who had started his GC process in EB2 in 2009, left the country to home country to work on his idea. I asked him why he did it and he said, GC was not worth putting off his startup for another 3 or 4 years. He was right. This is the mindset of many entrepreneurs. I am also on the brink of doing the same.

I explored every option to starting a company including not taking salary and not taking any money from my company till I get my EAD/GC. All I want to do is work in my company. I am ready to wait to take out my money after I get my EAD/GC as a dependent, but nope, not allowed, it is considered unauthorized employment (regardless of whether you take out a salary or not). I can start a company here and hire people to run it, but cannot work on building my own company? How absurd is that?
How ridiculous is this? It is far easier to run a US company by being outside US than by being in US. How ironic?

These laws were written in an age when starting a business meant substantial capital. Now with the advancement of technology, we neither need so much capital nor time to grow the business. Everything and everyone is connected.

Take zynga for example, the company that makes farmville and other facebook games. It took them 3 weeks to get that going and they landed VC funding because of the success seen by the game. Had they been immigrants, they would not be able to do it due to restrictions of working for anyone but the employers.

While I agree opening this up could be misused, I am sure giving some kind of conditional status valid for a couple of years would not be that detrimental to the whole scene. Maybe add a clause that the conditional status can be used to work only on the business of the individual and not to work for others or something similar.

I am actually surprised at the number of people supporting less immigration and whining about job loss, when they could be starting their own companies instead as long as they have the skills. This is especially true of STEM people.

I am surprised at the number of US STEM workers (in forums like dice and other article comments) who keep complaining that their wages are being suppressed by others or that they are being sidelined because they are US workers. First of all, this is not true and then you can always go the entrepreneurial route. US is one of the countries that allows a person to start over multiple people. If the venture fails, you can always start over or go search for a job then. Bet the experience gained during the venture will help them land a job if they so desire.

Anyway, guess thats the end of my rant.
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  #23  
Old 08-02-2011, 05:40 PM
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Originally Posted by forever_waiting View Post
DHS announcement regarding the same

DHS: Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

On a different note - Another announcement is about premium processing for I140 for EB1C. So more/quicker EB1C approvals = lesser spillover??? oh well.
Or faster denials...I heard USCIS is very strict about this criteria nowadays. This is good because it will help the agency see the actual pending apps in real time and use the spillover quicker and estimate it better. I am sure companies filing for multinational executive will not hesitate to spend a grand to get it done faster.

The sooner the companies see the type of applications getting rejected, the less those applications will be.
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  #24  
Old 08-02-2011, 05:57 PM
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Originally Posted by cleopatra View Post
This is what I was referencing in my post also. One of my friends who had started his GC process in EB2 in 2009, left the country to home country to work on his idea. I asked him why he did it and he said, GC was not worth putting off his startup for another 3 or 4 years. He was right. This is the mindset of many entrepreneurs. I am also on the brink of doing the same.

I explored every option to starting a company including not taking salary and not taking any money from my company till I get my EAD/GC. All I want to do is work in my company. I am ready to wait to take out my money after I get my EAD/GC as a dependent, but nope, not allowed, it is considered unauthorized employment (regardless of whether you take out a salary or not). I can start a company here and hire people to run it, but cannot work on building my own company? How absurd is that?
How ridiculous is this? It is far easier to run a US company by being outside US than by being in US. How ironic?

These laws were written in an age when starting a business meant substantial capital. Now with the advancement of technology, we neither need so much capital nor time to grow the business. Everything and everyone is connected.

Take zynga for example, the company that makes farmville and other facebook games. It took them 3 weeks to get that going and they landed VC funding because of the success seen by the game. Had they been immigrants, they would not be able to do it due to restrictions of working for anyone but the employers.

While I agree opening this up could be misused, I am sure giving some kind of conditional status valid for a couple of years would not be that detrimental to the whole scene. Maybe add a clause that the conditional status can be used to work only on the business of the individual and not to work for others or something similar.

I am actually surprised at the number of people supporting less immigration and whining about job loss, when they could be starting their own companies instead as long as they have the skills. This is especially true of STEM people.

I am surprised at the number of US STEM workers (in forums like dice and other article comments) who keep complaining that their wages are being suppressed by others or that they are being sidelined because they are US workers. First of all, this is not true and then you can always go the entrepreneurial route. US is one of the countries that allows a person to start over multiple people. If the venture fails, you can always start over or go search for a job then. Bet the experience gained during the venture will help them land a job if they so desire.

Anyway, guess thats the end of my rant.
I have seen immigrants who crossed over to the Gc side complaining about wages and taking the stand of US workers. I guess it is not US workers in general, but as such, not everyone has the will or skill to become an entrepreneur. A lot of people are worried about jobs being taken away or being outsourced or company downsizing.
Being entrepreneur is different. Most successful businessmen did not succeed first time. They invested time, effort, failed and retried, lost other things in life, went bankrupt, lost loved ones and deal with uncertainty. I don't think everyone is ready to be an entrepreneur, but I always encourage fellow immigrants to think in the business lines only. The effort people put to come here, get scholarships, loans, go through hardships and all the visa issues, must be used as an experience to get better in life by depending one one's own skills and instincts rather than depending on some employer throughout your life. But easier said than done I guess, family, mortgage , expenses - all these factors play a role in the risk taking decisions of an individual.
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  #25  
Old 08-02-2011, 06:07 PM
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Quote:
Originally Posted by cleopatra View Post
This is what I was referencing in my post also. One of my friends who had started his GC process in EB2 in 2009, left the country to home country to work on his idea. I asked him why he did it and he said, GC was not worth putting off his startup for another 3 or 4 years. He was right. This is the mindset of many entrepreneurs. I am also on the brink of doing the same.

I explored every option to starting a company including not taking salary and not taking any money from my company till I get my EAD/GC. All I want to do is work in my company. I am ready to wait to take out my money after I get my EAD/GC as a dependent, but nope, not allowed, it is considered unauthorized employment (regardless of whether you take out a salary or not). I can start a company here and hire people to run it, but cannot work on building my own company? How absurd is that?
How ridiculous is this? It is far easier to run a US company by being outside US than by being in US. How ironic?

These laws were written in an age when starting a business meant substantial capital. Now with the advancement of technology, we neither need so much capital nor time to grow the business. Everything and everyone is connected.

Take zynga for example, the company that makes farmville and other facebook games. It took them 3 weeks to get that going and they landed VC funding because of the success seen by the game. Had they been immigrants, they would not be able to do it due to restrictions of working for anyone but the employers.

While I agree opening this up could be misused, I am sure giving some kind of conditional status valid for a couple of years would not be that detrimental to the whole scene. Maybe add a clause that the conditional status can be used to work only on the business of the individual and not to work for others or something similar.

I am actually surprised at the number of people supporting less immigration and whining about job loss, when they could be starting their own companies instead as long as they have the skills. This is especially true of STEM people.

I am surprised at the number of US STEM workers (in forums like dice and other article comments) who keep complaining that their wages are being suppressed by others or that they are being sidelined because they are US workers. First of all, this is not true and then you can always go the entrepreneurial route. US is one of the countries that allows a person to start over multiple people. If the venture fails, you can always start over or go search for a job then. Bet the experience gained during the venture will help them land a job if they so desire.

Anyway, guess thats the end of my rant.
On another note, I noticed that most people here when we talk about entrepreneurship and startups, we talk only about technology companies. There are so many other things that can be successful businesses. There is no end to creativity. Cell phones were first seen on Star Trek 30+ years ago and now a reality.

For a starup, one does not have to even think in the lines of inventions or technology or writing iphone applications etc... Everyday thousands of new technology apps are made available, some apps are even developed by school kids with interest and passion for such things.

Being entrepreneur means being passionate, social and responsible and enjoy and live into what you do. I hope more people get inspired and start thinking in these lines. I really welcome such measure from USCIS to come up with a startup option on h1b visa and GC.

Here is what I think is USCIS working

applying employer - employee relationship and discouraging staffing companies to apply for first time h1b without an actual bonafied job offer.

Due to the above, only companies which satisfy such relationship are applying.

So demand in h1b visa has dropped.

The h1b numbers can be used to promising startup entrepreneurs.

I think it is a very good move.
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  #26  
Old 08-02-2011, 06:07 PM
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Government/government agencies cannot foster innovation, they can only stifle it. Most probably all of these entrepreneurs will waste their energy figuring out how to address RFEs rather than innovating. It is better off for them to take their ideas elsewhere.
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  #27  
Old 08-02-2011, 06:18 PM
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Originally Posted by rkay View Post
Government/government agencies cannot foster innovation, they can only stifle it. Most probably all of these entrepreneurs will waste their energy figuring out how to address RFEs rather than innovating. It is better off for them to take their ideas elsewhere.
It is a fact that USA is the best place to start a business. The US has infrastructure and vast resources and also business friendly policies and structures and frameworks in place. An aspiring entrepreneur will not worry too much about RFEs etc.. if the opportunity is there.
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  #28  
Old 08-02-2011, 06:59 PM
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Originally Posted by chanduv23 View Post
On another note, I noticed that most people here when we talk about entrepreneurship and startups, we talk only about technology companies. There are so many other things that can be successful businesses. There is no end to creativity. Cell phones were first seen on Star Trek 30+ years ago and now a reality.

For a starup, one does not have to even think in the lines of inventions or technology or writing iphone applications etc... Everyday thousands of new technology apps are made available, some apps are even developed by school kids with interest and passion for such things.

Being entrepreneur means being passionate, social and responsible and enjoy and live into what you do. I hope more people get inspired and start thinking in these lines. I really welcome such measure from USCIS to come up with a startup option on h1b visa and GC.

Here is what I think is USCIS working

applying employer - employee relationship and discouraging staffing companies to apply for first time h1b without an actual bonafied job offer.

Due to the above, only companies which satisfy such relationship are applying.

So demand in h1b visa has dropped.

The h1b numbers can be used to promising startup entrepreneurs.

I think it is a very good move.
But how does this help startups that are not VC funded? There is no way an entrepreneur can show that they have the funds to pay PWR.

So this applies to VC funded startups only. or am i missing something here?
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  #29  
Old 08-02-2011, 07:04 PM
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Originally Posted by chanduv23 View Post
It is a fact that USA is the best place to start a business. The US has infrastructure and vast resources and also business friendly policies and structures and frameworks in place. An aspiring entrepreneur will not worry too much about RFEs etc.. if the opportunity is there.
I agree. This is the reason why I want to be here instead of other countries. But I can do this only for so long. I have put off my startup ambitions for so long for this reason, now it just feels absurd.

Yeah, I have already been through a failed startup and the lessons learnt during the process are immense. I know for a fact I am going to be an entrepreneur and will be employing others.

The question is where?
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  #30  
Old 08-02-2011, 08:17 PM
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Originally Posted by pappu View Post
Unless the criteria is strict, it could open up for misuse. However it should not be so strict that people find it hard to qualify. Not every entrepreneur needs to get a VC funding or should show half million-1million in his bank to prove his credentials. Many big companies did not start with a VC funding. They had humble beginnings and if US could allow people from our community to start their companies, there could be a huge economic benefit for this country.
however consulting companies should be excluded.
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