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

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

#151

Post by proberts »

PameVls wrote: post #81

Do you need a visa to attend a 3 month program like YC or Techstars?

Citizens of certain countries do not require visas to come to the U.S. as tourists or business visitors for up to 90 days, and business visitor status can be an appropriate status to attend a training or non-degreed education/learning program.

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

#152

Post by UnoriginalGuy »

ancarda wrote: post #122

I live in the United Kingdom but I've always wanted to move to America. I don't know much about the process as I find it very hard to go through the volume of information online. Do I need to apply for a visa, then find a company in the U.S. to hire me? Is there a good website for finding green card jobs? I'd be grateful for a pointer on doing this or even just an FAQ as a starting point.

Have you looked into US companies that have UK branches? You get hired by the UK branch, and then ask for a transfer to the US.

London's banking/insurance/etc industry might be a good place to start looking at that. Getting transfers to New York City is common as heck.

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

#153

Post by klipt »

newuser2016 wrote: post #10

Hello, USCIS recently approved my EB1 visa I-140 petition. Since I'm abroad my process will go thru the NVC and then consular processing. What kind of questions should I be prepared for at the consular interview? And about how much time should I have to wait for my green card? Thanks!!

If you qualify for EB1 you almost surely would qualify for O1. If you want to start working ASAP, you could probably get an O1 visa in a few weeks, enter the US and work on that, and then file to adjust status to green card based on your approved EB1 I-140.

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

#155

Post by proberts »

izzosismyfav wrote: post #86

I'm graduating senior(F1 visa) in this December. I'm waiting for my OPT card. Can I work in between that? Once I get my OPT can I apply for H1B on year 2016 or will I have to complete H1B? What other legal things I need to be aware of?

You can't start working until you have your OPT work card in hand. There are circumstances where someone who hasn't yet graduated can be sponsored in the H-1B lottery, but this essentially requires the student to have completed all requirements for the degree by the time of filing (in April).

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

#156

Post by aandrieiev »

proberts wrote: post #37
pboutros wrote: post #22

We hear a lot about the limited # of H1B visas available, about how it functions as a lottery, etc... What are common issues with the H1B application process that don't receive as much public attention?

Many petitions get rejected - without recourse - because they're not submitted/prepared properly and it's much easier to deal with the lottery and resolve issues with premium processing.

Does this mean that premium processing circumvents the lottery whatsoever?

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

#157

Post by ameen »

shpx wrote: post #108

Canadian, recent high school grad. What are faster ways to working and eventually living in the US than doing a degree then getting H1-B? F-1 and OPT then H1-B? O-1? Making some money in Canada then starting a company and E-2?

Isn't TN Visa also an option?

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

#158

Post by adrianbg »

winter_blue wrote: post #146
ameyamk wrote: post #136

Earlier quoted context omitted.

How are the requirements for salary are taken care of? H1b employee must be paid market rate salary (not in stocks but actual cash)

There's investment. From the website: "Unshackled takes 5% common stock + invests up to $160,000 as a convertible note to help catalyze progress."

Yeah. Their investment comes in the form of a salary.

I don't know the details for H1b's specifically but I can tell you that they haven't had trouble meeting visa requirements for people in the program.

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

#159

Post by SeoxyS »

sjf wrote: post #129
golergka wrote: post #76

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

It's a requirement. (IANAL)

You can get around it by showing a significant amount of professional experience. But it's not easy. (You still have to go through "labor certification")

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

#160

Post by tinbad »

Not a question but wanted to point out the L1 visa that is often overlooked by foreign startup founders. It allows for founders/workers of foreign companies to be transferred to a US subsidiary that is majority owned by the foreign entity. I found it a fairly simple and straightforward process that got me from nothing to L1 to Green Card in about 13 months (although with help of immigration lawyer of course). The main requirements are having worked for at least 12 months for the foreign entity before transferring and the person must be in a managerial/executive position. Also the foreign entity must own the majority of the US subsidiary.
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