If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S. [1]
It would seem difficult to both be in YC and working full time for an employer.
The question isn't about after getting into YC. For that, you could theoretically transfer your visa to the new company with the money YC give you.
To clarify, how do you do the ground work and launch / pre-launch while on an H1 so that your new startup can stand a chance among other applications to YC from people that are much futher along?
No you can't. An employer-employee relationship must exist between the sponsoring company and the employee. Not possible if you own the whole company or even a lot of the company.
With 3 founders and YC taking 7%, it will be possible to show that the person won't own 51% of the company and can be fired.
Again, this is for after, and there are other options, like being on a B1 or dependent visa while doing YC. You can own shares in that company and not derive income and at completion move out of the US.
But the question here is, how do you go about doing the ground work to even have a product that is competent enough to stand a chance?
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Wouldn't you need to be employed to stay legal?
If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S. [1]
It would seem difficult to both be in YC and working full time for an employer.
1. http://en.wikipedia.org/wiki/H-1B_visa
The question isn't about after getting into YC. For that, you could theoretically transfer your visa to the new company with the money YC give you.
To clarify, how do you do the ground work and launch / pre-launch while on an H1 so that your new startup can stand a chance among other applications to YC from people that are much futher along?
No you can't. An employer-employee relationship must exist between the sponsoring company and the employee. Not possible if you own the whole company or even a lot of the company.
http://www.uscis.gov/sites/default/files/USCIS/Laws/Memorand...
In any event, you should really ask an immigration attorney rather than the internet.
With 3 founders and YC taking 7%, it will be possible to show that the person won't own 51% of the company and can be fired.
Again, this is for after, and there are other options, like being on a B1 or dependent visa while doing YC. You can own shares in that company and not derive income and at completion move out of the US.
But the question here is, how do you go about doing the ground work to even have a product that is competent enough to stand a chance?