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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

#281

Hi Peter. I'm currently preparing for O1 visa. I'm on B1/B2 visa now and planning to extend 2 months so I can stay total 8months while I prepare for O1 visa. My question is if I ever get denied for extending B1/B2, can I have any disadvantages when I apply for O1 visa? I met a person who told me this but I'm not sure whether this is true.

If you're here working on a B1/B2 visa, you're already breaking the law.

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

#282
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…

I'm not a lawyer, but as a Canadian that does not have a degree in Comp Sci and has been looking for work in the United States since 2006, I'd like to share my experience.

In a nutshell, I've been told time and again that having a degree will help, although how much one that isn't related to your discipline may not be worth much more then the paper it's printed on. To give my experience, I've been told by multiple companies within the last year that it's basically no Comp Sci (or equivalent two year college course), no chance. Your degree in an unrelated field might help a bit, but I wouldn't put much weight in it when it comes to immigration VISA time.

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

#283
post #103

As a competent and above average software engineer from Morocco, not holding a university degree, what are my options for a work visa in the US, assuming I get a job in a company willing to put every possible effort into this?

I'm not a lawyer, but as someone that is in a similar boat degree wise, my experience has been that the chances are next to none, and have been told more then once in the last few years that any sort of related degree will help get over the hump that is immigration over just having experience.

Source: Fellow non-university professional, looking for work in the US off and on since 2006, with no luck.

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

#284
post #148

Earlier quoted context omitted.

Canadians can work on TN (treaty NAFTA) visa if your profession is on the list. http://canada.usembassy.gov/visas/doing-business-in-america/...

TN requires a degree, though. That said, I don't think there's any good route for a Canadian high school grad to immigrate to the US. So my advice to shpx would be to spend the four years to get a degree, and then go for TN.

As someone that went down the experience route instead of degree, I'd strongly second this advice. Without it, you're effectively locked out of the US barring a radical loosing of their immigration laws.

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

#285
post #87

Hi Peter. There have been several times where YC companies wanted to hire me (designer) but couldn't because they can't sponsor work visas at the moment. How hard is it for a YC company to be able to sponsor visas? Have you had experience with this? And, as an applicant, is there something I could do to ease the process? Thank you.

Unfortunately, it's hard to respond because the facts really matter - the facts about the company and you - but yes, we have handled work visas for YC companies and other startups. As a general rule - from a company requirements standpoint - it's easier to get an O-1 than an H-1B for employment with a startup.

How high, exactly, is the bar for an O-1?

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

#286
DO NOT WORK WITH HIM. Can't believe he made it to HN!! He somehow became a thing but I can't stress out enough how much money he had cost me while providing either no service -even declined to work on my first case- or really shitty service, where i ended up writing all docs myself. He does not think out of the box at all or provides any value bigger than digging into Google. He didn't have any plan B or even replied to my emails asking what we should try next after we had lost. The only thing he ever did for me was sending the invoice. Everything else was taken care of by his assistant, sending information and documents i had drafted to the government, trying things that i had researched myself. Please feel free to reach out to me for a curated list of good immigration lawyers. I would have taken my return flight back to Germany more than a year ago if i listened to his advice, which has been "i don't see any options here" when there WAS an option for another year.

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

#289

DO NOT WORK WITH HIM. Can't believe he made it to HN!! He somehow became a thing but I can't stress out enough how much money he had cost me while providing either no service -even declined to work on my first case- or really shitty service, where i ended up writing all docs myself. He does not think out of the box at all or provides any value bigger than digging into Google. He didn't have any plan B or even replied…

Everyone should read this comment above^^

EVERYONE.

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

#290

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.)

You're talking about California Labor Code 2870:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr...

The gist: Has to be your own time, own resources, and not related to your company's current or anticipated business.

It's that last clause that's the kicker. For some companies, it's easy to prove -- e.g. wood working is probably unrelated to Twitter's businesses. For other companies that literally work on everything (eg. Google/Alphabet)... it's a pain in the ass. Also: Many companies make reporting the IP or side work a stipulation of your employment contract -- ostensibly, so they can claim that it is related to their business in some way. It's right there in Code 2871. :)

PS: IANAL.

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