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My potential co-founder is currently here (S.F.) on an H1B visa and it will be a year or two before he receives a green card. Does this rule him out as a co-founder? We've been investigating the options but so far a definitive answer has eluded us. I'm hoping someone here has dealt with this situation before and can enlighten us.

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H1B is tied to a single company and if your potential co-founder switches to your newly formed company he has to get his H1B transfered. There are also many implications with regards to the green card process as it is tied to the sponsoring company. In short, talk to a lawyer before getting started!

There were several people in the summer batch in a similar situation and it was not an issue.

As long as people can be sure to arrange to be here when the batch is in session it does not matter.

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