I’m an Indian citizen, currently work in a large enterprise company in the Bay Area, on an H1B, also with an employer sponsored GC, approved I-140.
I have a big idea and have a very VC who’s willing to put down 500k into my idea. Question is can I start a company (as founder), have the VC fund the company, and then do an H1B transfer into my new company? So I’ll be employed by my own company? The VC’s investment will be used to pay me, the legalities, other people I hire, etc.
I’d love to hear of the above strategy can work? If not, what are my other options given I am already backed by a VC who’s willing to invest 500k into my company?
Also as a side note, I just got married to an American citizen and have already filed the 485 & 765 for GC. If things go well, I’ll have employment authorization (765) in the next 4-6 months but the VC is not willing to wait that long.
Unfortunately this discussion board is not stocked with immigration and employment attorneys. The best advice is to consult an immigration attorney or your state attorney's office or even your consulate for direction on what is and is not permitted based on your individual circumstances. Your VC may have an attorney that you can consult.
I am not an attorney, but I do not think you can be sponsored by a company that you own. I don't think that's a legitimate loophole or it would be broadly used. But you might not require sponsorship if you are self-employed, when you are married to a citizen. Again, these things need real a real attorney to give you correct advice because there are so many nuances to immigration law that are too specific to give you accurate layperson advice.