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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 by EduardoBautista »

nialv7 wrote: post #118
proberts wrote: post #74

Earlier quoted context omitted.

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?

A lawyer once explained to me that there needs to be an employer - employee relationship. Basically, there needs to be a possibility of being fired. So if you have total control of a company the H1B visa would not be possible.

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

#172

Post by proberts »

shaq_hammer wrote: post #156

Do you have a moral defense of your supporting h1b or other immigration for work in an industry already showing signs of bursting for new native grads[1]? 1: https://i.imgur.com/kMicDgO.png

Sorry but I'm not sure what you are asking.

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

#173

Post by dcs19010 »

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.

Here are the odds, by country. Rate of legal immigration doesn't seem to be a primary determinate for that country's odds. www.usagreencardlottery.org/green-card-statistics.jsp

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

#174

Post by planck1 »

Hi Peter, thank you so much for this! I have questions about the O1 visa.

1. If a startup sponsors an O1 for a founder, will there be any issues with 1/ the O1 founder having the CEO title 2/ the O1 founder owning between 30-50% equity in the company? Is it effectively the same as if I was on a green card?

2. If the startup that sponsors the O1 substantially pivots to a new idea, what are the implications for visa status? Does it require an entirely new application?

Thanks so much!

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

#177

Post by proberts »

vira28 wrote: post #131

Peter, I am in H1B visa working full time for my employer, but I am also a co-founder with equal equity (nothing on paper as on date) for a startup incorporated in Delaware. Is it legal to be a co-founder (and own equity) in a startup other than the employer who sponsored my H1B? If yes, what I need to do? Thanks.

It is legal but you just can't be compensated for services rendered to the startup unless you have work authorization to do so.

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

#178

Post by yomansat »

Hi Peter, thanks for doing this. I'm on L1B, and I was surprised to receive 221(g) while renewing my visa.

I was told to wait for 2-6+ months for a response and crossed my existing visa that expires end of the year.

If my visa expires before hearing back, does that mean I lose my job in the US? It's a European company so they might offer me to transfer back to the UK.

Do I have any rights in such a situation? like ask for a reason for this, or perhaps a severance pay? can I still visit my spouse (in MA) on an ESTA given this is considered a visa rejection for now?

Thanks again.

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

#179

Post by Throw123away555 »

Peter, for an E2 visa, when demonstrating that an investment is "substantial", how does the accounting work for intangible or in-kind contributions to the business? Is it possible to include the value of time spent building the initial product (while outside the US)? Does it make a difference if the applicant had a foreign company to do the initial development and paid themselves a salary?

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

#180

Post by csomar »

joering2 wrote: post #7
throwaway45599 wrote: post #5

I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court. I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions. What are my chances of being able to move to the US?

Serious question: if you have setup multiple companies with 100 employees (per company or total?) then why move to USA? If you are UK-citizen then it would make more sense to stay in UK and continue your success, since you seem to be good at it!

There are countless of reasons why people want to move to the US. From getting married, to living in Los Angeles, to business opportunities...
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