Is it possible for a person under an H-1B visa to have a money-generating side-project? I've read that it was absolutely illegal but I'd like to have an actual lawyer's opinion.
Thanks!
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
191–200 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#192Hi Peter,
The 0-1 visa has many advantages for entrepreneurs. How would you advise positioning oneself to obtain one?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#193Hey Peter!
I'm moving with my company (large Washington-headquartered tech firm) from London to California. They're applying for an L1B specialized knowledge visa as a blanket application. What sorts of reasons are people rejected for L1s? I'm very nervous I'll be turned down as I've heard horror stories about USCIS. Does it being blanket improve my chances? What % of people are turned down? I married an American a few years ago and was intending to move to the US to be together but it didn't end up working out - I don't think the paperwork ever got sent in the end. Would something like this impact my chances? I'm probably worrying unnecessarily. I'm 26, worked at the company for just over a year and have worked for a couple of other large tech firms in London before that.
Thanks
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#194Hi Peter ! Thanks for doing this, I do have a couple of short questions.
I'm an employee of a large US Corporate and got a O1 Visa which I'm currently employed under. I understand that my spouse will be able to move here as a O-dependant, but won't be able to work which is a huge issue for us and will probably prevent us from moving out to the US unless we find a permanent solution.
I do wonder, what are my options of getting her a work permit besides her finding a job that would endorse her and going through the entire process?
From what I've read seems like the two options I have are:
- H1B so she could get a H4. I understand that last year Obama approved some H4 recipients can work, but I'm not sure what the criteria is. I know that it's only able to be filed by 1st of April, but I also understand that there is a premium fee that could be paid to rush things up. Would love your input on this from your experience.
- L1 so she could get a L2. Best solution it seems but getting a L1 is a lengthy process and needs a 1-year employment period which I might not have by the time we want to move.
Thanks for reading this, I would really appreciate your professional opinion on this !
Shai.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#195would a couple patents and a successful startup experience as CTO, (but not founder) qualify for an O1?
Possibly yes but we'd need to explore the patents further, the nature of your work, your impact on the company, etc.
are there specialized agencies to deal with the paperwork as a service? I.e. for Australia you get a different agency to evaluate your skill plus you can get the help of accredited attorneys to facilitate the paperwork, in a neatly available list organized by country of origin.
anything of the like for the O1?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#196If I am a Colombian Citizen with a multivisit visa, and I don't have the actual visa because it is attached to an expired visa which is forgotten in the U.S. - What are the chances of re-entering USA? Is the visa information in the computer or is it useless without the physical stamp?
Is this a B2? And how does one forget an expired visa? Unless it was not attached to your passport or you actually left the US without your passport. Of course, I am not a lawyer.
The Expired Passport contained the valid visa, forgotten in a desk in USA and the Current Passport is in my possession in Bogota.
It Is a B2. I'm hoping the valid visa is in my "electronic footprint" with TSA/immigration?
or am I stuck / delayed with getting a temporary visa to re-enter ?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#197I never had a formal university education, what are my real chances of being accepted for a work visa. I think that I'm pretty good but and have a pretty interesting CV probably not "extraordinary". What are the chances of me working in the USA? Does it really nullify my chances? I have been working since I was 17 in jobs related and then very specific to programming, I'm 28 now. I also have a uruguayan and spanish/e…
Not having a degree does not nullify your chances. I have no degree, and got an H1-B and subsequently a green card. To qualify for the H1-B, I had to show 12 years of work experience (immigration equates 3 years of work to 1 year of school), and then have my work experience evaluated by a professor. The professor had to establish that my work experience left me with the same experience as someone who would have had a degree.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#198Hi Peter,
What are the odds of the H1-B lottery system changing under a Clinton/Trump presidency. What kind of changes can we expect from either of them?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#199I'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'm in a similar situation, except Canadian. Did it take you 6 months to get your wife's TD status? I applied for my wife back in March and we are still waiting for her TD (she is not Canadian). :(
Woah! My wife and me got it together. She came in 6 months late because moving was an ordeal (we have two big dogs).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#200Hi Peter,
I have been working on an H1B Visa for the last 4 years. With my current company we are starting the GC process now.
Two years ago I was wrongfully accused of Domestic Violence and after a 6 month legal battle was able to drop all charges.
My question is: Does this unique situation make me a candidate for an Audit, thus prolonging my GC processing time for an additional 1 year?