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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

#271
post #129
post #35

Earlier quoted context omitted.

Did he overstay? I don't understand how people can run into trouble with H1B visas.

Something to do with changing jobs, then having the new job fall through a month later. He thought he had 60 days to get a new job (which is pretty easy for developers these days). The border guards had not heard of such a rule.

>The border guards had not heard of such a rule.

Because there isn't any. There is no grace period at all.

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

#272

Do H1B visas granted outside the cap to employees of universities or nonprofits differ greatly from those granted to employees subject to the H1B cap? I seem to remember reading that an H1B visa granted outside the cap could not be used for working for a company subject to the cap, you would have to reapply and be subject to the lottery. Which makes me nervous about green cards. Could someone with an H1B and working…

That's right, H-1Bs for certain nonprofits (cap-exempt entities) are not subject to the annual lottery/quota but if one wants to move from a cap-exempt H-1B to an H-1B with a cap-subject company, then one needs to go through the lottery. However, part-time concurrent H-1B employment with a cap-subject company is allowed. There is no restriction on pursuing a green card if one is working for a cap-exempt entity.

Awesome, thanks for the reply!

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

#273
post #238

Hi Peter, thanks for doing this. I have a green card and am running a company in the US. I spend most of my time in France, what are the required conditions for me to keep the green card? The criteria seem unclear...

You should retain an immigration lawyer. Note that lack of clarity is more likely to be used against what you want than for it.

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

#274

What is the optimal way for a USA company to hire foreign remote workers? 1099 contractors?

If they remain outside, they can be employed as W-2 employees or 1099 contractors. Which option is best (meaning from a tax perspective) will depend in part on the local rules in that country.

It never occurred to me that hiring on a W-2 outside the country was an option. Thanks!

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

#275
post #124

Thanks for the AMA Peter. My question is about premium processing of H1 visa. With premium processing halted, change of employer would have to go to regular H1 processing - which is a matter of months. What is your advise on employment transfer - one should wait till premium processing is resumed, or start working as soon as transfer receipt is obtained, or any other option/advice?

First of all, even without premium processing, H-1B petitions are getting approved relatively quickly (1-2 months). But if it's a solid H-1B petition, then there's really little risk to "port" after the petition has been received.

Thanks Peter!

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

#276
Hi, I'm a software developer with 9 months experience in a big company with a b.s. In computer science from a top European school.

It seems impossible to get into the US at the moment, and my few attempts have failed. What should my expectations be in terms of getting a good company to accept to sponsor a visa in the current circumstances? Thank you very much for your AMA.

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

#277

Hi, I'm a software developer with 9 months experience in a big company with a b.s. In computer science from a top European school. It seems impossible to get into the US at the moment, and my few attempts have failed. What should my expectations be in terms of getting a good company to accept to sponsor a visa in the current circumstances? Thank you very much for your AMA.

Interesting, that's the same experience I had trying to get a job in Germany!

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

#278
post #261

Earlier quoted context omitted.

When I was first at Amazon in Seattle (later moved back to Toronto) it became known that if you had a TN visa, you didn't cross at a specific Vancouver-area crossing. There was just one guy there who had decided he didn't like the TN visa program, and tore up every single one he saw.

That's horrible. I hope the worker was reported and sent to prison.

Happens more often than you think. It's not something that comes from the lawmaking side, but seems border agencies just have shitty cultures, uneducated officers and too much authority since they're part of the national security apparatus.

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

#279

Hi, currently (and for the forseeable future) I'm a 29 year old CTO at a VC backed Startup with 40 employees in Germany, I've had this position now for nearly two years, before (and on paper now in parallel to) that I've been managing director of a web-development agency for 3 years. I've had several software dev positions before that while working on starting my own companies, a process which made me drop out of uni…

Also curious, for the average european developer how easy could it be to move to the US? Also without a degree

You'll most likely need a job offer from a US company (they sponsor you essentially) or you marry in...

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

#280

Hi, I'm a software developer with 9 months experience in a big company with a b.s. In computer science from a top European school. It seems impossible to get into the US at the moment, and my few attempts have failed. What should my expectations be in terms of getting a good company to accept to sponsor a visa in the current circumstances? Thank you very much for your AMA.

Have you tried J1?
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