I thought from the first paragraph the article was going to talk about how H1-Bs can start their own company but really it was about how startups can hire H1-Bs. Well, I'm already in that situation so it's not of much use to me.
I think most H1-Bs think that they have to stick with the same company for years until their green cards get approved. Well, that's not really true. It didn't seem too risky to transfer my H1-B to my second company when I had to. And when I needed to move to my current company, I could even transfer my green card application because the AC21 rules state that if my I-485 has been in processed for 6 months (or something like that), I could transfer that too. What all this means is that I don't think H1-Bs are beholden to the companies they are currently at. They can switch if their new companies are willing to process the legal documents for them. And even if they can't pay the fees, it shouldn't amount to too much (~$1k).
I too am on an H1-B, and as far as I know, what you say is true. Once your I-485 has been approved for a period of 6 months or longer, you can move companies, though from what I hear, it raises a few questions when it comes for the INS to finally approve your petition.
I've heard of a couple of interesting things lately suggesting that despite the "downturn" there's been some positive changes in US immigration policy. Well, one substantive one,really. TN visas (huge for Canadians) are now good for 3 years instead of 1.
A longer TN visa is only nice if, in fact, your goal is temporary work in the U.S. If you actually expect a green card some day, this change is a curse.
When your 2nd H-1B expires, you must have started the green card process (or equivalent) to stay in the U.S. For most people, this is within 6 years of arriving in the U.S. But for TN visa holders, they stay in the U.S. for the duration of all their TN visas, and add the roughly 6 years for H-1B after that. So now, this could be 10 years or more.
And the companies I've seen are in no rush to start your green card any sooner than they have to, as it costs them money (and you may just quit).
What's worse, there is some risk and complexity in switching jobs while on a visa; technically there is a chance you could lose all rights to stay in the U.S. when you quit your job.
So most people will work for a single company for many, many years, just to get their green cards. If you aren't completely in love with your job, this would suck.
According to their on line processing times data they haven't reviewed _any_ petitions for family members over 21 in the last 11 months, making the queue now about 10 years long (including the 2 years it takes for an initial response to the application).
Any improvement in US immigration policy would be welcome.
In my experience, startups simply cannot focus on the onerous paperwork and the twists and turns of the legal process. Sometimes circumstances change even from month to month; new interpretations of the law come down, and so on.
I've been through the visa merry-go-round three times. Once with a startup, once with an ultra-cool company growing at light speed, and once with a relatively uncool company that just has lots of experience with this. The third one wins hands down. This is one of the few advantages, in my opinion, to working for an established company.
If you're doing really innovative things, look into an H3 visa (training) as well. They're cheaper for the employer, are issued more than one time of the year, and there isn't a lottery. There is more paperwork required, and you need to be doing something that the person can't learn in their native land. If you're doing something like game design, that'd be an easy one. There's other requirements, but check in with an immigration lawyer if you're an innovative company and hiring. I went through 80% of this process with an international hire.
I think most H1-Bs think that they have to stick with the same company for years until their green cards get approved. Well, that's not really true. It didn't seem too risky to transfer my H1-B to my second company when I had to. And when I needed to move to my current company, I could even transfer my green card application because the AC21 rules state that if my I-485 has been in processed for 6 months (or something like that), I could transfer that too. What all this means is that I don't think H1-Bs are beholden to the companies they are currently at. They can switch if their new companies are willing to process the legal documents for them. And even if they can't pay the fees, it shouldn't amount to too much (~$1k).