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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

#271

Post by jfim »

nathanvanfleet wrote: post #216

How does the process work. If I (a Canadian) get a job in the US, what is the timeline for me to be onsite working? What kind of help settling (finding a place to live etc) is there?

Assuming you qualify for TN status, it's pretty quick (matter of weeks); you need to get the appropriate paperwork in then show up at the border and say you're applying for TN status. The immigration lawyers for the company that's hiring you will explain this in more detail.

As for relocating, that's up to your employer, but many employers offer help with relocation (eg. temporary housing, relocation stipend).

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

#272

Post by martin_ »

SeoxyS wrote: post #264
[deleted] wrote: post #262

Earlier quoted context omitted.

[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:

Apologies my mistake!

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

#273

Post by DrScump »

angelbob wrote: post #198
beachstartup wrote: post #164

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.)

I believe that this also means that any signed agreements between employer and employee (some companies used to try this a lot) are null and void. Disclaimer: I'm only a fake doctor, not a lawyer (fake or otherwise).

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

#274

Post by mynameisvlad »

klipt wrote: post #138
leroy_masochist wrote: post #77

Say for the sake of argument we're a seed-stage startup and we've identified an engineer with a very specific set of skills -- skills necessary for the growth of our company -- who would need an H1B to work here legally. All-in, about how much will it cost us to get that H1B visa processed through the system in a timely fashion?

The 2015 H1-B quota is already exhausted, so you can only apply first week of April 2016. Assuming your engineer wins the lottery* they'll be able to work starting October 2016. * There are 65,000 visas. In 2015 there were 233,000 applications so probability of winning = ~28%. It will probably be worse in 2016. http://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-ra...

> starting October 2016

Or whenever USCIS gets to your application. They still haven't finished processing mine (on a TN until then).

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

#275

Post by lobster_johnson »

klipt wrote: post #138
leroy_masochist wrote: post #77

Say for the sake of argument we're a seed-stage startup and we've identified an engineer with a very specific set of skills -- skills necessary for the growth of our company -- who would need an H1B to work here legally. All-in, about how much will it cost us to get that H1B visa processed through the system in a timely fashion?

The 2015 H1-B quota is already exhausted, so you can only apply first week of April 2016. Assuming your engineer wins the lottery* they'll be able to work starting October 2016. * There are 65,000 visas. In 2015 there were 233,000 applications so probability of winning = ~28%. It will probably be worse in 2016. http://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-ra...

If you apply early, the probably nears 100% (if applicant fulfills all requirements). It fills up over a matter of months. An immigration lawyer will be able to tell you the chances at any given time.

Edit: Wait, is the lottery thing new? When I got my H-1B in 2013, my immigration lawyer gave me the above advice, i.e. that the process is first-come-first-serve.

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

#276

Post by pkaye »

d--b wrote: post #121

I currently hold a green card, but am temporarily abroad (2 times 6 months). How long can I stay abroad and retain the green card, if I periodically come back to the U.S.? And how frequently should I get back to the U.S. ?

Here is a link right from the source. Generally you should be in the US more than abroad (ie in US >6 months in a year.) If you plan to be out more than an year, you should get a re-entry permit.

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s...

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

#277

Post by lobster_johnson »

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.

A 1099 isn't needed for immigrations to be convinced that you are working. If you are receiving any kind of remuneration while doing some kind of work, that counts as working (in violation of the visa waiver program).

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

#278

Post by tn13 »

lobster_johnson wrote: post #275
klipt wrote: post #138

Earlier quoted context omitted.

The 2015 H1-B quota is already exhausted, so you can only apply first week of April 2016. Assuming your engineer wins the lottery* they'll be able to work starting October 2016. * There are 65,000 visas. In 2015 there were 233,000 applications so probability of winning = ~28%. It will probably be worse in 2016. http://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-ra...

If you apply early, the probably nears 100% (if applicant fulfills all requirements). It fills up over a matter of months. An immigration lawyer will be able to tell you the chances at any given time. Edit: Wait, is the lottery thing new? When I got my H-1B in 2013, my immigration lawyer gave me the above advice, i.e. that the process is first-come-first-serve.

Outdated advice.

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

#279

Post by falsedan »

mahyarm wrote: post #254
falsedan wrote: post #241

Earlier quoted context omitted.

Set up an LLC & extend yourself a job offer. Make sure you have the capital to pay yourself according to your visa's restrictions, follow the appropriate procedure for visa transfer, & don't outright own the LLC. Alternatively, petition to change visa to H-1B & get your employer to start the greencard application.

By not owning the LLC, does that mean owning %95 or %4? I often seen %5 requirements in ownership of companies making something invalid.

Don't own it outright, i.e. < 50% ownership.

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

#280

Post by diogenescynic »

tinbad wrote: 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…

It also doesn't have prevailing wage requirements, so a lot of companies use this as a way to get a worker for even less than an H-1B. I've seen oil&gas engineers with Master's degrees and 15+ years of experience making $37,000 on an L-1 visa. It is the most commonly and widely abused visa.
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