I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#161

Post by proberts » Fri, Aug 25, 2017, 4:40 PM UTC

visathrowaway wrote: post #42

Hi Peter. Do you have any experience with MTR for O-1 visas? Once filed, how long the response from USCIS could take? What are the odds of visa approval at this point?

Yes, we do but oftentimes the better approach is simply to refile the O-1 since MTRs can take a while to be reviewed.

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

#162

Post by codingbear » Fri, Aug 25, 2017, 4:41 PM UTC

whack wrote: post #70

What 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,…

I have the same question as well.

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

#163

Post by proberts » Fri, Aug 25, 2017, 4:42 PM UTC

smaili wrote: post #15

Has the new administration impacted YC working with people here on visas?

There's really been minimal change to date. The biggest "change" was killing the startup rule.

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

#164

Post by ottoid » Fri, Aug 25, 2017, 4:42 PM UTC

adamnemecek wrote: post #142

ottoid wrote: post #137

Earlier quoted context omitted.

Having been born in Oman, a country with historically low rates of immigration to the United States, I have never won in years of applications. Are the odds still good?

How many times did you try? I think the rate is like 2-3% for most countries.

5

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

#165

Post by proberts » Fri, Aug 25, 2017, 4:43 PM UTC

Nydhal wrote: post #4

What is the worst case legal costs for a green card through H1-B ?

i really don't know because this will depend largely on the legal fees charged and there's a wide range.

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

#166

Post by hughdbrown » Fri, Aug 25, 2017, 4:43 PM UTC

mtzaldo wrote: post #48

Hi Peter, How to get a Green-card via TN visa? Thanks,

A Green Card is a visa with permanent intent. A TN visa has temporary or limited intent. At best, such a transfer would signal that your TN was not pursued with temporary intent.

In my IANAL experience as a Canadian who immigrated to the US, you need to transfer to a permanent intent visa like an H1-B from which the conversion to Green Card is more straightforward. Alternatively, marry an American.

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

#167

Post by alantrrs » Fri, Aug 25, 2017, 4:43 PM UTC

Is the startup visa (International Entrepreneur Rule) dead? or is there still hope?

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

#168

Post by proberts » Fri, Aug 25, 2017, 4:44 PM UTC

pfarnsworth wrote: post #16

I heard USCIS has cracked down on H1B percentages at companies, auditing companies with more than 15% H1B ratios. How has this affected the job market for H1Bs and H1B transfers?

It's more that USCIS is conducting more site visits but I haven't seen this as impacting the job market for legitimate H-1Bs or the H-1B process.

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

#169

Post by proberts » Fri, Aug 25, 2017, 4:45 PM UTC

hughdbrown wrote: post #166

mtzaldo wrote: post #48

Hi Peter, How to get a Green-card via TN visa? Thanks,

A Green Card is a visa with permanent intent. A TN visa has temporary or limited intent. At best, such a transfer would signal that your TN was not pursued with temporary intent. In my IANAL experience as a Canadian who immigrated to the US, you need to transfer to a permanent intent visa like an H1-B from which the conversion to Green Card is more straightforward. Alternatively, marry an American.

Again, not correct and a common misunderstanding. One can go from a TN directly to a green card.

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

#170

Post by eggs_and_avo » Fri, Aug 25, 2017, 4:46 PM UTC

throthrothis wrote: post #111

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.

This! The USA is cruel and you could spend years building a life only to be kicked out. You can only get H1Bs from big corporations, and socially Americans treat foreigners with disdain. Canada, Australia, Taiwan, are all countries that at least treat immigrants as humans.