“Transferring H-1Bs and Green Cards: Insights from Sophie”

Sophie Alcorn, author, attorney, and founder of Alcorn Immigration Law in Silicon Valley, California, is an exceptional Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization. She is on a mission to promote global connections and opportunities, and transcend boundaries through her compassionate, visionary, and expert approach to immigration law. Connect with Sophie on LinkedIn and Twitter.

Dear Sophie,

My colleague and I are both employed by a major tech company. Recently, we have been considering pursuing our own startup venture. However, we are both currently on H-1B visas. While we have had our I-140 EB-2 green card petitions approved, we are still waiting for our priority dates to become current. We are curious about the process of transferring our H-1Bs to a new startup, and whether it is possible to transfer our green cards as well.

— Emerging Entrepreneur

Dear Emerging,

Congratulations on taking the plunge and embarking on your own entrepreneurial journey! I have some insights and options for you to consider.

As you embark on your new venture, I suggest listening to my enlightening conversation with Miles Randle, discussing his experience with venture studios and navigating the complexities of immigration for founders. We discuss how the visa and green card processes can impact the speed at which founders reach important milestones, as well as the qualities that are often present in successful founders.

The short answer to your second question is unfortunately no—your existing I-140s for EB-2 green cards based on advanced degrees or exceptional ability are not transferable to your startup. Your new company will need to file a separate I-140 to sponsor you for an employment-based green card, or you could self-petition for an EB-1A extraordinary ability green card or EB-2 NIW (National Interest Waiver) green card. However, your priority date will remain the same. Additionally, if you have already reached the I-485 stage, you may have other options for portability.

I strongly recommend consulting an immigration attorney to discuss the best course of action for transferring your H-1Bs and green cards, taking into account your plans and goals. An immigration attorney can assist you in determining the best strategy, and provide backup solutions to help you and your colleague achieve your dreams. Let’s dive in and explore your options!