Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

261–270 of 334 posts

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

#261

Post by leroy_masochist »

winter_blue wrote: post #239
leroy_masochist wrote: post #97

Earlier quoted context omitted.

Thank you! I know that mileage varies, but could you give a ballpark for what legal fees might be for a "plain vanilla" case? At the other end of the spectrum, what are the highest fees you've ever seen from one individual?

One good thing to remember is that USCIS refunds the entire $2,325 or $1,575 application fee, if you do not win the H-1B lottery. So applying for someone is fairly low risk, cost-wise. Attorney fees vary, but some will only charge part of their fee initially, and the rest is only payable if your engineer wins the H1B visa lottery and their visa petition is approved. I just googled, and one[1] attorney ("Zhang and Ass…

This is very helpful, thank you!

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

#262

Post by [deleted] »

SeoxyS wrote: post #145
n00b101 wrote: post #131

Earlier quoted context omitted.

I see. How does EB-1 relate to this?

EB-1 is basically a green card version of the O-1 (i.e. an immigrant visa, not tied to your ongoing employment). Once you have an EB-1 you can freely change jobs, start companies, do consulting part time, etc. The requirements are essentially the same as the O-1, but evaluated much more strictly.

[deleted]

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

#263

Post by titomc »

mydpy wrote: post #186

As US citizens, how can we help our international friends trying to get H1-B support? It is really hard to watch friends get denied, and I really wish policy makers would admit more very talented people from highly competitive countries. One of my good friends from China is gay and if he goes back home, he could actually be in danger. I feel helpless and I want to do more.

H1B was for skilled workers. Note that I used "was". Some of the ways to help H1B system.

1. Stop TCS,Infosys,Wipro & Cognizant bringing in unskilled workers for low salary. They bombard the system every year and eligible skilled workers should depend on their luck rather than their skills to get H1B.

Solution : Increase the minimum level wages requirements 2x times.

2. There are lot of Indian bodyshops in US,which will apply visa & initiate greencard,so that they can hold a lock on the workers for a very long time.

Solution: Make the H1B visa transfer flexible. Job portability should be made easy.So that body shops or employers cannot abuse H1B workers.

3. Conduct a very high level technical interview for the candidates which the consultant companies present. Many consulting companies bring unskilled workers with fake resume. So triple checking the background & skills will put a stop to H1B abuse and skilled candidates will get visas.

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

#264

Post by SeoxyS »

[deleted] wrote: post #262
SeoxyS wrote: post #145

Earlier quoted context omitted.

EB-1 is basically a green card version of the O-1 (i.e. an immigrant visa, not tied to your ongoing employment). Once you have an EB-1 you can freely change jobs, start companies, do consulting part time, etc. The requirements are essentially the same as the O-1, but evaluated much more strictly.

[deleted]

That's incorrect. You only need 3 for the EB-1. See:

http://www.uscis.gov/working-united-states/permanent-workers...

> * Criteria for Demonstrating Extraordinary Ability You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

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

#265

Post by FanaHOVA »

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."

With $160k you can get a E2 visa

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

#267

Post by susiemielekim »

I'm currently under OPT visa until next August. How would getting a resident visa work after incorporating the company in my home country work? (the company has already been incorporated in United States under the other co-founder). Thank you!

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

#268

Post by tricolon »

gdilla wrote: post #112
mritun wrote: post #79

Earlier quoted context omitted.

IANL, but here is what I know: 1. One can't work on the visa under visa-waiver program. 2. One should not work under the VW, if you get caught, you'll forever forfeit the benefits of VW. 3. 90 days is you maximum permissible stay length per visit to US (leaving US to visit nearby places doesn't count). Note that your ACTUAL permitted stay length is what the CBP notes in your passport at port of entry. You must leave…

Work is defined as getting a salary though. If you're accepted into YC, they are not 1099'ing you or putting you on a payroll. It's like a stipend (effectively), and legally just an investment in your firm.

My understanding of USCIS's definition of "work" is "doing something for which one would generally expect to be remunerated". You can't do a job and take no salary. You can't work on your own pre-revenue startup.

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

#269

Post by adrianbg »

FanaHOVA wrote: post #265
winter_blue wrote: post #146

Earlier quoted context omitted.

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

With $160k you can get a E2 visa

E2's have to be financed by citizens of your country of origin. http://startupimmigrationattorney.com/e2-visa-for-startups-p...

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

#270

Post by jfim »

ylansegal wrote: post #177
kylnew wrote: post #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 H1…

IANAL, but I can say that I obtained a TN Visa, and renewed it twice, for a Software Engineer job without a degree in Computer Science. I do have a BS and a MS in Civil and Aerospace Eng. respectively.

The TN status has an allowance for "engineers" without other qualifications, so your engineering degree actually is related to that class.
Post reply on HN