Please all H1Bs of Indian nationality. Do not waste your time, age, money and family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada, Australia or somewhere else. Live a good life rather than being indentured servants for US corporations for a good chunk of your productive age. I moved to Canada some years back and I am really happy about my decision.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
111–120 of 414 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#112Hi Peter, thanks for doing this! As a Brit with 10 years experience as a developer but no degree, do I have any hope at all of being able to come and work in the USA?
Absolutely. The requirements for an H-1B visa are a bachelor's degree or its equivalent based on ducation and/or experience and you might have the equivalent of a bachelor's degree (although typically 12 years of experience are required). Also, you might qualify for an O-1 visa if you have a strong background or even an E-2 visa through a British-owned company in the US.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#113Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.
Good point and depending on country of nationality, the odds can in fact be pretty good.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#114Hi Peter, I'm working in the US for a big tech company with an H1B1 visa (something like a lightweight version of the H1B, but exclusive for people of Chile and Singapore). My wife is a US citizen. I want to apply for a Green Card, but I'm not sure what's the path that I should follow. Is it more likely to get it through my marriage or through my employer? Is there any otherrelevant reason why should I choose one ove…
Through your US citizen spouse, no question.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#115Earlier quoted context omitted.
As someone who is eligible for an Australian passport, I was going to get one on the understanding the E3 is superior as it would allow a spouse to come with and get a job. Is there a specific reason you're moving to a H1B?
An E-3 isn't dual intent, there's no path to a GC unless you switch.
Exactly. I'm converting to the H1B to get the GC.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#116Hi Peter,
Can founders be on a TN visa (Canadian citizen) and have a CEO title + directorship? Also, is there anything special to be aware of regarding equity for a founder on a TN?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#117Hi Peter, is there a way to transfer F1 to J1 visa, so that me as a SO of the F1 holder can get J2 (as a spouse) to be able to work in the US? More specifically - that would be the only reason for my SO to switch the visa type, which IMHO is not sufficient.
It's possible but this would depend on both your school and the particular J-1 sponsor. Usually, it's not possible if it's to switch from F-1 OPT to a J-1.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#118What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and continue working at their H1B "day job" in the interim? My understanding is that the H1B visa does not allow you to do any work for anyone apart from your visa sponsor. If a co-founder were to spend his evenings working on his startup which has been incorporated,…
It's possible to have two H-1B employers, one based on full-time employment and another based on part-time employment. This is referred to as concurrent H-1B employment and it requires two approved H-1B petitions.
So it's possible to found a company to sponsor a H1B for myself?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#119Hi Peter,
I have heard they call you the James Bond of immigration. What do you think you this nickname and how did you get it?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#120Hi Peter, Can founders be on a TN visa (Canadian citizen) and have a CEO title + directorship? Also, is there anything special to be aware of regarding equity for a founder on a TN?
Both USCIS and CBP oftentimes will reject TN applications by founders, owners, and executives. This isn;t necessarily justified legally but it has become common practice.