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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#151

Hi Peter, I want someone to join as a co-founder, to currently work nights and weekends. However, currently, he's under H1B, working for a US company, in the US. What, if any, are the risks to both the startup venture and the individual?

He could get a concurrent H-1B through your company.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#152

Hi Peter. I am on H-1B. What are the legal source of revenues other than the salary I receive from my employer (H-1B sponsor)? Is it ok to have capital gains, dividends, interests?

These can be permissible if they are given to other employees in similar positions and don't transform you from an employee to an owner/self-petitioner.

Is it ok for H-1B holders to have a trading account (unrelated to my employer) and generate revenues by trading? (not day trading)

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#153
post #114

Earlier quoted context omitted.

The required corporate relationship between the US and UK companies needs to exist but assuming that it does, then an L-1 transferee visa might be an option - although USCIS (if the US company isn't a "blanket" approved company) can be really tough on L-1s so the outcome isn't necessarily guaranteed.

Thank you Peter, that is very useful. Much appreciated.

The good news is that the L1 visa is a fantastic visa. It's dual-intent meaning you can apply for greencard (as opposed to TN). Also your spouse can work! That is huge.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#154
post #109
post #63

How does O1 and EB1 visa relate? Being on an O1 Visa make the EB1 visa process any easier? E.g: the qualification for the outstanding need to be reassessed (basically redo everything) or they just accept their previous decision? Thanks

I went from O1 to EB1 and had to resubmit all evidence (and then some). There is definitely an opportunity for reuse, so assuming you didn't throw it all away, it should be easier to assemble your case than if you were starting anew. (I'm not a lawyer. Sample size N=1.)

See earlier comments. The standard for EB1A is much higher. That being said, the evidence used for an O1 often can support an EB1A.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#157

I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.

I know personally that the TN is a non-immigrant intent visa. Typically you have to switch to an H-1B ("dual intent") first.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#158

Is there any reasonable explanation for not being "allowed" to leave the US, after filing for adjustment of status? Without advance parole, that is. Especially when a different class of visa (say an O1, while applying for EB1A) would still allow reentry? That can be rather annoying both for professional and personal reasons.

No good reason, just the law. Note that this prohibition doesn't apply to dual intent visas such as the H1B and L1.

While often treated as such, the O1 is not officially a dual intent visa, right?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#160

Hi Peter! Thanks for the AMA! Can you please describe briefly about the process to establish a company here while on H1-B. From incorporation to founder's visa status. Whether there has to be a American co-founder or if it helps to have one. If funding helps in getting a visa etc. The description about the 2 visa's for GC is clear, i just wanted to know about initiating the process. Thanks in Advance!

That's a long response but the key point is that one can't self-sponsor so it definitely helps to have other owners (whether US or not) to diffuse the ownership and control.
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