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

news.ycombinator.com

201–210 of 334 posts

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

#201
Hi Peter, thanks for your time.

I have job offer to work in US, reliant on immigration.

I haven't completed my bachelor's degree, and my final exams are after the April 1st 2016 deadline. I do not have more than a year of professional experience. UK citizen.

Am I right that an H1B won't be applicable? Would any other visa types fit (Other than work abroad, then L1)?

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

#203

Earlier quoted context omitted.

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.

In California, an employer specifically does not own your side work assuming you don't use any of their physical assets, protected know-how or paid-for time. In other words, if it's genuinely side work. There's a specific statute to that effect, and they're required to inform you of same. (I'm not a lawyer either, but I've worked in CA for a long time.)

> In California, an employer specifically does not own your side work assuming you don't use any of their physical assets, protected know-how or paid-for time.

Of course, with the exception of explicitly-taken leave, its at least intuitively unclear how one defines any time as not "paid for time" of a salaried employee. (There may be case law that clarifies this, however.)

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

#204
Hi Peter, thanks for doing this. I've been applying to YC for the past 4 years and never gotten an interview, I'm starting to suspect it's because of my background (hence they never reply to you with the reason of rejection). I'm born in Canada, meaning I'm Canadian, but I never managed to finish my college CompSci Degree so I'm not eligible for a TN-1 visa. However I do have around 6 years of professional web dev experience, founded a couple of startups, raised money and exited. I am 23 now. Any tips?

This might also help, but I did not finish my degree because I was kicked out of college: https://news.ycombinator.com/item?id=5090007

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

#206

Hi Peter, Thanks for taking two full hours to do this - I've learned a lot. I am a US/Canadian dual citizen, my cofounder is Canadian. We're currently running our business as a Canadian corporation, but would like to set up shop in San Francisco full time over the next year or two, preferably incorporating in Delaware. My cofounder has a BSc and has done some impressive things in her career, but the O-1 looks difficu…

Without knowing more, it appears that the O-1 and the TN might be very good options.

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

#207

Hi Peter, thanks for doing this. I've been applying to YC for the past 4 years and never gotten an interview, I'm starting to suspect it's because of my background (hence they never reply to you with the reason of rejection). I'm born in Canada, meaning I'm Canadian, but I never managed to finish my college CompSci Degree so I'm not eligible for a TN-1 visa. However I do have around 6 years of professional web dev ex…

Of course. You might still qualify for a TN without a degree under non-engineering occupations. I'd need to know more about your education and work experience, however.

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

#208

The 17-month OPT extension has recently been terminated by a court. What are the chances that a new rule will be implemented regarding the OPT extension?

My understanding is that it is very likely that the OPT STEM extension will be reinstated.

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

#209

Hi Peter, Thanks for taking two full hours to do this - I've learned a lot. I am a US/Canadian dual citizen, my cofounder is Canadian. We're currently running our business as a Canadian corporation, but would like to set up shop in San Francisco full time over the next year or two, preferably incorporating in Delaware. My cofounder has a BSc and has done some impressive things in her career, but the O-1 looks difficu…

Without knowing more, it appears that the O-1 and the TN might be very good options.

Does the TN visa limit the holder from participating as an owner of the company where the holder is employed?

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

#210
Peter a basic question about the L1 visa. If you are the owner and manager of an established foreign business can you apply for an L1 to establish the USA branch? Does the USA branch need to be established for some length of time? Does being the owner of the foreign business cause problems?
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