Earlier quoted context omitted.
Why 3-time? How long is O-1 valid before it expires?
3 years term per approval. But you have to apply again every time you change jobs. I started with one company, then was founder of a startup, re-applied there, and moved it to another company. Re-applying is easier once you've been approved once.
I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
131–140 of 334 posts
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#132Could the administration decide to lower the bar for some visas, like O-1, without the need for congress to approve it? For instance, could the administration decide that anyone with a PhD, or even a master's degree, is eligible for a O-1 visa? If that's the case, why is the focus some much on statutory reform and not on the administration which could get results much more quickly?
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#133Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#134Hello, Is it possible to apply directly for a green card through employment while being on J1-Intern visa? How long do you think it takes to receive it if approved knowing I'm French? Thanks
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#135What are the options for an h1b who wants to start up? we can't lose our jobs to maintain the h1b status. will yc care that we are not working on the idea fulltime by the time of applying to yc? (will certainly quit the job if accepted to yc.) what are the common attitudes of companies, like google, microsoft, apple, facebook, toward employee moonlighting?
If you get a part-time job H1B petition approved, you can use it to maintain your status.
With an H1B visa you just need one job (at all times) to maintain legal status. Part-time H1B petitions allows the employer to specify a range of hours, like 10-20.
If you find an employer willing to hire you for 10-20 hours, and file the H1B petition (which costs including attorney fees, around $3k to $4k), then that should free up enough time to do something on the side.
With regard to working on a startup:
In order to legally work for your YC or non-YC startup, you will need another (concurrent) H1B petition approved. This is actually rather hard. Key points:
1) You must own less than 50% of your startup. Someone (usually the board) must be able to fire you. If there is no one that can fire, your startup H1B petition will most likely be rejected.
2) You'll need investment that is sufficiently high that you can give yourself the "prevailing wage" for the region your startup's office will be in.
Use this tool to find out what the prevailing wage for your region is: http://www.flcdatacenter.com/OesWizardStart.aspx
For example, in order to be legally employed on an H1B in the "San Jose-Sunnyvale-Santa Clara, CA" MSA (Metropolitan Statistical Area), you must be getting paid at least $98,342 per year or $47.28 per hour. You'll need to get investment that's high enough to cover that. YC wouldn't cut it. My estimate is that you'd need stable yearly investment (or revenue) in the range of $500k to a million.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#136What are the options for an h1b who wants to start up? we can't lose our jobs to maintain the h1b status. will yc care that we are not working on the idea fulltime by the time of applying to yc? (will certainly quit the job if accepted to yc.) what are the common attitudes of companies, like google, microsoft, apple, facebook, toward employee moonlighting?
http://unshackled.co/ You can transfer your H1b to them and work on your thing.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#137Hi Peter. There have been several times where YC companies wanted to hire me (designer) but couldn't because they can't sponsor work visas at the moment. How hard is it for a YC company to be able to sponsor visas? Have you had experience with this? And, as an applicant, is there something I could do to ease the process? Thank you.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#138Say 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?
* There are 65,000 visas. In 2015 there were 233,000 applications so probability of winning = ~28%. It will probably be worse in 2016.
http://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-ra...
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#1392) If my B1/B2 visa allows me to stay in the US for 6 consecutive months; can I do programming, sales, fundraising, etc. for my Delaware C Corp in the US?