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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

#161
Canadian starting a startup in the US:

I haven't launched my startup yet, and I reside in Canada. I've never been employed in the US.

I'd like my startup's HQ to be based in the US. What's the best way for a Canadian to set up base and launch in the US?

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

#162

Hi Peter! I am a citizen of Australia and I am going to switch on ZeroDB [ http://www.zerodb.io/ ] fulltime pretty much now. For that, I have to leave my employer with whom I have an E3 visa (and I have a wife on E3D). Also I need to travel right after that. Would there be any problem for us to enter back under Visa Waiver? Should we just fill an ESTA form online and have back out-of-US tickets on hand when we enter…

If you enter under ESTA, you won't be able to work for the company and you will need to leave and reenter again in E-3 status to work for the company. And yes, if you recently have been in E-3 status and then seek to reenter under ESTA, you could have problems because CBP could conclude that you are coming to stay and/or work.

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

#164

I'm currently on an H-1B in California working at a startup. In my spare time, I work on side projects that might provide value to somebody somewhere, but have an operating cost that I would have to cover if I wanted to offer the project as a free service. I'd like to be able to charge for this (or at least provide the option of a "Premium" plan) to supplant the money that I will lose in hosting the platform. I am NO…

i'm deleting this comment because it was a bunch of practical (as in non-legal advice) info about running an LLC that could potentially get someone in trouble if taken as advice.

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

#165

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.

I never thought of doing that! Good idea, thanks

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

#166
Thanks for you time. I'm a chilean entrepreneur developing a startup here in SF. I'm one of the founders and we have already incorporated as an LLC.

1-What's the easiest path for me to get a visa that will allow me to work and receive a salary here in the US? 2-Can I do that through the company we just established?

I'm fully dedicated and focused on our company and growing as fast as we can and I need to come to a solution to my visa so I can continue working here with no problems.

Much appreciate your help Peter.

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

#167
post #160

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 mai…

Fair statement but USCIS can be really tough on new/small company L-1s so these need to be done right and supported by extensive documentation of the U.S. and foreign companies' operations.

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

#168
post #144
post #62

Earlier quoted context omitted.

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.

What's the reapplication process like? Do you need to have done something exceptional from the time of the previous one's expiry to warrant an extension?

I've never done an extension, just a transfer. It was pretty routine; you just file the application again just like the first time. Not much of a difference; other than the previous approval making your chances of getting approved once more significantly higher.

The first time, I had to get a new visa stamp (which required going back to my home country to get it from the U.S. embassy); the second time I kept the same visa stamp and a little piece of paper in my passport showing the transfer. It's mostly useful as a reference of the case number when I get asked about my employer (which is different than the one shown on the visa stamp) when I travel back to the US from a trip abroad.

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

#169
post #154
post #107

[deleted]

H1B, L1, O1, etc. are all non-immigrant visa. You must be able to show non-immigration intent. (Except for O-1 which allows dual-intent.) Edit: I may be wrong about this. IANAL.

Can O1 holders apply for a GC or do they need to move to an EB1 before applying for a GC?

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

#170
In your experience, how necessary is it for Canadians and Mexicans applying for a TN Visa, to be accepted for Software Engineer or Computer Systems Analyst jobs without a degree in computer science or engineering? For example, I have a B.Comm degree.

I've heard it's a bit hit and miss and if you don't have a good lawyer working on your side getting through might be tough. I'm not sure if it's a different story for H1B Visas though.

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