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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

#221
post #64

Can you recommend some immigration resources for self-service? I am a Canadian who is seeking better work opportunities State side, with a Bachelors in Computer Science and 3 years of experience. I wonder if flying down with the intent of networking and finding companies to meet is a good and realistic way of meeting employers and lining up interviews.

I would say start looking from Canada. I did that late 2013 and by January 2014 I was in California working at a startup with TN status.

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

#223

If I come over from Canada and work somewhere, is it easy to change my job to another company if things don't work out? Do I have to leave and come back? Is there a deadline in finding a new job?

IANAL but having been in that situation, I think I can answer. I'm assuming you would be under a TN status. It depends partly on the timeline. Finding a new job is relatively easy (depending on your experience and the market) and you can file for an I129 (Change of Status I think) to get a new TN status or change of employer but the main thing to remember is to file this prior to you receiving your last pay check. It will also require for you to show your last two pay stubs with your demand to show that you've actually worked at your first place of employment but it's relatively simple. However, going back to the border is much quicker and you get a decision on the spot compared to filing the I129 which takes 15 days and costs ~1500$ (compared to a new status application at the border, 50$).

If the new job doesn't work out (layoff/fired/quit/etc..) you are supposed to leave on your last day of work. There's no "grace period". If you want to stay you need to apply for a change of status to a B-2 in order to wrap up US affairs which will give you up to 6 months. Let's say you find a new job within a month, I doubt you will actually have issues but you do need to leave the country and come back.

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

#224
How do you feel about companies and law firms gaming job postings to disqualify qualified workers in the US so they can hire a candidate on a visa for much less? Employers are posting jobs that don’t really exist, seeking candidates they don’t want, and paying for bogus non-ads to show there’s an IT labor shortage in America. Here is the law firm Cohen & Grigsby advising other employers in running classified ads with the goal of NOT finding any qualified applicants, and the steps they go through to disqualify even the most qualified Americans in order to secure green cards for H-1b workers: https://www.youtube.com/watch?v=TCbFEgFajGU Do you consider this abuse or fraudulent? Also, how much of your firm's work is done by paralegals using templates and boiler plate support letters?

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

#225
As a fellow (non-immigration) attorney, I'd just like to stress how remarkable and generous is Peter's willingness to do this via HN, even with the very obvious disclaimer. It speaks volumes about his confidence in his expertise and communication, as well as a genuine desire to spread good information around to those who need it.

Neither the dated, often fuzzy rules about practicing law nor lawyers' developed risk consciousness encourages this kind of "innovative" altruism. Instead, they create anxiety that keeps many community-minded attorneys from doing anything like this.

Bravo, Peter. Inspiring.

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

#226
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.

Does this mean you could:

1. Open a UK small business with yourself as the director and sole employee.

2. Set up a pass-through corp in the US for remote work.

3. Wait a while to establish the pass-through, then send yourself a job offer from the pass-through to the UK.

4. Get a visa as an employee of the pass-through - which you also own and control?

Or will the UCSIS laugh at that?

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

#227

As a fellow (non-immigration) attorney, I'd just like to stress how remarkable and generous is Peter's willingness to do this via HN, even with the very obvious disclaimer. It speaks volumes about his confidence in his expertise and communication, as well as a genuine desire to spread good information around to those who need it. Neither the dated, often fuzzy rules about practicing law nor lawyers' developed risk co…

Would you mind explaining a bit more about why the status quo discourages this type of behavior and what most lawyers perceive as the risks?

I'm not really familiar with how it works and I'd imagine there's others on HN who aren't as well.

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

#228

How do you feel about companies and law firms gaming job postings to disqualify qualified workers in the US so they can hire a candidate on a visa for much less? Employers are posting jobs that don’t really exist, seeking candidates they don’t want, and paying for bogus non-ads to show there’s an IT labor shortage in America. Here is the law firm Cohen & Grigsby advising other employers in running classified ads with…

I'm sure Peter would have interesting things to say about these issues (though he has left the thread at this point), but I doubt that it would be a good use of his time to delve into political controversies when so many founders and employees have specific questions in this thread.

Also, a matter of community etiquette: we don't invite people here to be cross-examined, which is what your questions sound like.

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

#229
post #187
post #169

Earlier quoted context omitted.

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

The EB-1 is a the immigration petition that gets you the green card. Getting approved for the EB-1 is how you get that green card. The green card is a two-step process: first, you apply for an I-140; this is the EB-1. Second, if approved, you can apply for an "adjustment of status," which is the green card. That one is mostly a bureaucratic process, but you're pretty much guaranteed to get it.

Thanks for clarifying :)

P.S. I'd love to get in touch with you regarding Freshpay.

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

#230

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.

This is interesting, do you know where I can get more information on this? Thanks in advance
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