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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

#171
post #168

Hello Peter, I'm a Grad Student with 5 years of Industry experience on a non-immigrant visa (F1). I intent to take up residency in the U.S. after graduating. Is getting a job (H1 -> EB1/2/3 -> GC the only path or could I do a startup (no huge investment)?

An H-1B as a U.S. graduate is a good option and an O-1 through your own startup might also work but I'd need to know a lot more about your background and potential startup.

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

#172

Hi Peter, The International Entrepreneur Rule is expected to go into effect July 17th 2017. Do you recommend pursuing that path if you can meet the requirements?

It's a virtual certainty that it won't go into effect then - or ever.

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

#173

I have a contractor out of the Netherlands that I'd like to bring full time as an employee to the US (we're a tech company, he does biz dev), what's the best visa we should pursue? Any high level challenges/issues we should expect?

The options are limited to an H-1B or an O-1, both of which have challenges issues. Is the US company US- or foreign owned?

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

#174
post #168

Hello Peter, I'm a Grad Student with 5 years of Industry experience on a non-immigrant visa (F1). I intent to take up residency in the U.S. after graduating. Is getting a job (H1 -> EB1/2/3 -> GC the only path or could I do a startup (no huge investment)?

An H-1B as a U.S. graduate is a good option and an O-1 through your own startup might also work but I'd need to know a lot more about your background and potential startup.

What are the realistic "extraordinary achievement" conditions of an O-1 visa?

The information online makes it seem that it is for olympic medal, nobel prize and oscar winners.

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

#175
Hey Peter, thanks for doing this! Two questions: (1) I had an H1B visa that was awarded starting with Oct 2011. However, I ended up never using it because I decided to stay in Europe. I have come back to the US in 2015 to get a 2-year MBA from a top 5 school and am considering applying for the H1B again in April of next year. Does this mean that I can only have the H1B for 3 years? What happens after 3 years? (2) I probably will never stay in the US if my husband cannot come and work here with me. Could you please confirm whether or not the spouses of H1Bs are allowed to work?

Thanks so much!

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

#176

Are there been changes in the H1B process since last year ? I was lucky enough to pass the lottery step .. but since then .. nothing. Apparently this is supposed to be normal but it is a bit infuriating that the process is that long and opaque. Are there any classic potential hurdles in the H1B process for a well paid legitimate engineering job ? Or is it just a waiting game until the american government finally exam…

Last year I was selected in the lottery and was not approved until late August when the company decided to pay for the premium processing since the attorney's estimates were that it would be adjudicated in January/17.

I had a friend selected in the same lottery, but with no premium processed and his approval came indeed in January/17.

This year it seems that there is no premium processing so everybody is in the same boat and the wait COULD be long.

Another friend that applied this year has been selected in the lottery and is waiting for the adjudication of the process.

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

#177
post #162

Earlier quoted context omitted.

Yes, it is worth considering an EB1A.

Thanks for your reply, that's encouraging. Follow up question: I can see how the points - Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field - Evidence of your authorship of scholarly articles in professional or major trade publications or other major media are fairly easy to fulfill. Which one would you attack as the third?

Association memberships and journal review work.

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

#178
Hi Peter,

Thanks for the AMA, it is extremely helpful.

I am a Canadian citizen looking to Incorporate a c-corp in US and move to the bay area in the near future to work on the business. What is the best route to take with regards to visa. The company will be based out of the bay area.

Background: I graduated from University of Waterloo last year and have worked in the bay area previously on TN visa.

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

#180
post #175

Hey Peter, thanks for doing this! Two questions: (1) I had an H1B visa that was awarded starting with Oct 2011. However, I ended up never using it because I decided to stay in Europe. I have come back to the US in 2015 to get a 2-year MBA from a top 5 school and am considering applying for the H1B again in April of next year. Does this mean that I can only have the H1B for 3 years? What happens after 3 years? (2) I p…

You should be able to get the full 6 years in H-1B status and H-4 spouses cannot work as H-4 spouses unless the H-1B principal has an approved I-140 petition.
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