I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA • Hacker News Board

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#71

Post by proberts » Fri, Dec 11, 2015, 7:39 PM UTC

octopus00 wrote: post #43

Hi Peter, thanks SO much for doing this - Is it ok to form a side company while on H1B? - Is it ok for me to develop free or paid apps through my own side company (just me doing everything, without hiring anyone else)? If not, what do I need to do to not violate my status? - What are the minimum criteria for an O visa and is that a viable solution if the side company is going really well?

All work must be authorized, so work for a side company must be work authorized, although it's possible to hold both full-time and part-time H-1Bs or O-1 or TNs with multiple companies. The criteria for O-1 classification are listed on USCIS's web site - too much to note here - but as a general rule, if a company is doing well, then it's relatively easy to get an O-1.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#72

Post by haydenlee » Fri, Dec 11, 2015, 7:39 PM UTC

When working for your own company (a Delaware C-Corp) on OPT there is some language in the policy about having to be an employee, but that you can also work for yourself. Is being a founder enough to stay in status without technically paying yourself minimum wage and being on the payroll? And does this apply to the extension too?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#73

Post by proberts » Fri, Dec 11, 2015, 7:40 PM UTC

poerkladsfl wrote: post #57

L1 related. What should I do if I want to go work for a different company but am currently on an L1-A visa (been here in the USA for 3 years).

You would need to switch to another status such as an O-1 or an H-1B (if you're not from a country with other visa options).

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#74

Post by goodcall » Fri, Dec 11, 2015, 7:41 PM UTC

proberts wrote: post #15

KAdot wrote: post #5

Can I sell my own software as a H1B worker? E.g. my own apps in App Store?

Another excellent question. Any compensation for services rendered - for productive work - must be specifically work authorized, so as a general rule selling a product created by you - whether it's an application or a widget - requires work authorization.

How about a H1b holder participates in a hackathon with cash prizes and wins. Can he claim the money ?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#75

Post by proberts » Fri, Dec 11, 2015, 7:41 PM UTC

cagenut wrote: post #28

This isn't really an immigration question so much as an avoiding-having-to-immigrate question: What are the challenges in having co-founders in other countries and being able to grant them meaningful chunks of equity. Say example someone with 10% in Hungary and another with 10% in the Netherlands.

Sorry. Outside my area of expertise.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#76

Post by golergka » Fri, Dec 11, 2015, 7:42 PM UTC

How important a degree is for H1B? I think given amount of self-taught engineers in the profession, you have to answer this kind of question a lot

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#77

Post by leroy_masochist » Fri, Dec 11, 2015, 7:42 PM UTC

Say for the sake of argument we're a seed-stage startup and we've identified an engineer with a very specific set of skills -- skills necessary for the growth of our company -- who would need an H1B to work here legally. All-in, about how much will it cost us to get that H1B visa processed through the system in a timely fashion?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#78

Post by erehweb » Fri, Dec 11, 2015, 7:42 PM UTC

Is there a good source of information for Presidential candidates' proposed changes to immigration laws? If you were a betting man, what (if any) changes would you bet on post-election?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#79

Post by mritun » Fri, Dec 11, 2015, 7:44 PM UTC

atirip wrote: post #25

ojbyrne wrote: post #4

I am curious about the approach YC takes for foreign founders who are accepted into YC. How do they come to the US for the initial incubation period? What happens after demo day?

+1 Additionally: i understand EU citizens can be in the US visa free for 3 months. What that exactly means? 3 months per year or 3 months per one visit? If the latter then how often? Lets assume one gets accepted and decides to utilize that visa free offer - what should be said at the border if one is asked.

IANL, but here is what I know:

1. One can't work on the visa under visa-waiver program.

2. One should not work under the VW, if you get caught, you'll forever forfeit the benefits of VW.

3. 90 days is you maximum permissible stay length per visit to US (leaving US to visit nearby places doesn't count). Note that your ACTUAL permitted stay length is what the CBP notes in your passport at port of entry. You must leave by that date.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#80

Post by proberts » Fri, Dec 11, 2015, 7:45 PM UTC

erispoe wrote: post #44

How hard is it to create an entity that is H1B cap-exempt and can this entity be related in any way to a for-profit company?

The entity can't be related to a for-profit entity but it's not difficult to create a cap-exempt company if the appropriate affiliation exists - but that's the challenge of course.