I am sailing in the same boat. Except that I am still waiting to be liberated with a Green Card. Its outrageous that there is still a big racism on the name of "Per-country" caps for a common-sense high skilled immigration system in the country like USA who makes a tall claim of being "Equal-Opportunity" country. A Pizza-delivery guy from Non-India/Non-Chinese place of birth can get his citizenship before atleast a decade than the person of Indian/Chinese original who filed on the same day. Its 2022, 4 administration went away since 2007 who made claims of changing the immigration system. Let's see how long do we wait to suffer.

LOL. I could sympathize otherwise.

But here this could be case of of person less talented the pizza delivery person, having very classist attitude, looking to settle in explicitly racist country by their own admission.

Seriously. We are still living in a world where such stupidity is entertained. Just read last line in the article about the islamic belief of African Americans as well as the outrageous statements against non-muslims.

Hi Peter, I am on h1b and working for an employer. I am joining as a co-founder to a startup. Can I get compensation or profit for my work there? I am expecting to resume role of CTO. Can there be any legal implications?

In what status are you joining the startup?

I am on H1b visa (my I-140 has been approved since last 6 years by my present employer.) I have notified my current employer and there is no conflict of interest. Do I need any approval from USCIS to work on the new startup?

So, to be clear, has an H-1B petition been filed for you by your startup?

No. Nothing has been filed by the startup.

As a cofounder, an H-1B will be problematic so if you go that route, you should continue to explore other options while that petition is pending such as an O-1 because the H-1B petition could get denied - or just look at the O-1 now.

Oh. So can I hold O-1 And H1B together? can I work parallel to both (my employer and startup)? I want to utilize this new venture to go on EB-1A (Extraordinary ability). Is it possible?

Nice question. Hope Peter answers.

These are witch hunting cases. Why didn't government took action against these companies who are buying services from companies like TCS, HCL? Why demonizing younger and talented foreigners and enforcing hypothesis based on these 5% wrong cases? Where is your study when these people get selected in touch interviews at places like FB, Google, Linkedin? Branding H1B people as "Cheap Labor" is an old fashion and the saga continues at alarming rate.