Live data from Hacker News

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

news.ycombinator.com

291–300 of 334 posts

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

#291

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…

Can you provide more detail? What was the option that allowed you to stay another year?

> i ended up writing all docs myself

What documents did you write? I'm curious and don't know much about immigration to the US.

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

#292
post #278

Earlier quoted context omitted.

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Outdated advice.

What's incorrect or out of date about it?

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

#293

What are the options for an h1b who wants to start up? we can't lose our jobs to maintain the h1b status. will yc care that we are not working on the idea fulltime by the time of applying to yc? (will certainly quit the job if accepted to yc.) what are the common attitudes of companies, like google, microsoft, apple, facebook, toward employee moonlighting?

With regard to maintaining legal status: If you get a part-time job H1B petition approved, you can use it to maintain your status. With an H1B visa you just need one job (at all times) to maintain legal status. Part-time H1B petitions allows the employer to specify a range of hours, like 10-20. If you find an employer willing to hire you for 10-20 hours, and file the H1B petition (which costs including attorney fees,…

>For example, in order to be legally employed on an H1B in the "San Jose-Sunnyvale-Santa Clara, CA" MSA (Metropolitan Statistical Area), you must be getting paid at least $98,342 per year or $47.28 per hour.

Wow, i had no idea the prevailing wage was that high. Does this mean literally everyone on an H1B in the bay area is making at least $100k/year?! I should have negotiated harder...

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

#294
post #278

Earlier quoted context omitted.

Outdated advice.

What's incorrect or out of date about it?

Economy is doing better than in 2013. So many more applicants. So lottery needed. In 2 days in April there are way more applicants than slots. If you apply 1 month later you're way behind, you're not even in the lottery.

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

#295

Earlier quoted context omitted.

How quick is the premium processing?

They guarantee they'll issue a decision in 14 days, or refund the $1,225 premium processing fee.

Be aware also that it does not not increase your probability to be a winner in the H1B lottery. You just know faster.

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

#296

How would you rate a senior engineer's odds at qualifying for an O-1 visa? Can they get by on career/work history alone or does it require a level of public notoriety?

From what i understand, to get on O visa, you are better off being one of the top 3 specialists worldwide in an obscure combination of OS language platform running on an old mainframe, instead of being in the top 1% of all Javascript/PHP developers.

A good immigration lawyer would help you figure your strategy here.

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

#297
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…

> got me from nothing to L1 to Green Card in about 13 months

European citizen + EB2?

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

#298

Earlier quoted context omitted.

With regard to maintaining legal status: If you get a part-time job H1B petition approved, you can use it to maintain your status. With an H1B visa you just need one job (at all times) to maintain legal status. Part-time H1B petitions allows the employer to specify a range of hours, like 10-20. If you find an employer willing to hire you for 10-20 hours, and file the H1B petition (which costs including attorney fees,…

>For example, in order to be legally employed on an H1B in the "San Jose-Sunnyvale-Santa Clara, CA" MSA (Metropolitan Statistical Area), you must be getting paid at least $98,342 per year or $47.28 per hour. Wow, i had no idea the prevailing wage was that high. Does this mean literally everyone on an H1B in the bay area is making at least $100k/year?! I should have negotiated harder...

No- you find a job title that has a lower prevailing wage- for example programmer analyst vs application developer or something else. Companies like Infosys and TCS pay $70K/year

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

#299

Earlier quoted context omitted.

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…

Yes, this.

I consulted with a business attorney in Silicon Valley on this particular issue when I was considering getting a startup going on my own after hours. She basically said that there is enough "gray zone" in what I wanted to do vs. what I was doing for my employer (although I felt they were really distinct areas of computer science) that if my former employer wanted to go after me they could easily bury me in legal BS.

Whoever can spend the most on lawyers wins...

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

#300

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…

This is your first post. Why should we trust you?
Post reply on HN