Live data from Hacker News

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

news.ycombinator.com

191–200 of 414 posts

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

#191

Earlier quoted context omitted.

He's asking if he can hire H1B holders _only_, I think.

Yes, A company with 'only' H1B holders.

A company with a high percentage of H-1B workers (there's a formula) can be deemed "H-1B dependent" and this then brings in an onerous set of requirements.

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

#192
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.

Thanks Peter.

So, to get the work authorization I need to apply for a H1B Concurrent visa. Correct me If I am wrong.

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

#193

Earlier quoted context omitted.

survival bias?

A decade+ ago I won the lottery on my third year trying. I got the winning notice the same month I got the Canadian immigrant visa (obtained as Skilled Worker) stamped in my passport. We chose to go to Vancouver. I don't know about survivor bias but I think the movies were right. The odds are ever in you favor, and you can't see past the choices you don't understand ;)

haha, my GF had exactly same situation, fortunately for me she chose US!

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

#194
post #129

If one were to want to immigrate as an investor from a country of birth such as Oman but bring funds in from Country of Nationality - such as India, how much would they need to bring in to qualify for the green card via investment?

Through an existing "regional center" company, $500k.

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

#195

Hey Peter, thanks for doing this :) I'm on an O1, founder or a company and have slightly less than 50% onwernship. I've been thinking of getting a green card. What's the best approach?

Not Peter, not owner of a US company. You might want to consider an EB1, as an O1 that's not that painful / unrealistic (Source: did it that route).

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

#196
Are there any drawbacks that you can think of with regards to having a green card instead of staying on H1B? The only thing I can think of is the fact that having the green card can potentially mean that there is potentially an exit tax to pay for high net worth individuals, assuming one wants to leave the US after more than eight years.

Also, if someone is on H1B and ends the visa (eg. break in employment), do future H1B applications have to go through the lottery again?

Thanks!

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

#197

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 as…

This is a complicated scenario and I would need to know all the facts to respond. Please email me offline.

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

#198
post #196

Are there any drawbacks that you can think of with regards to having a green card instead of staying on H1B? The only thing I can think of is the fact that having the green card can potentially mean that there is potentially an exit tax to pay for high net worth individuals, assuming one wants to leave the US after more than eight years. Also, if someone is on H1B and ends the visa (eg. break in employment), do futur…

Yes, essentially the exit tax is the only downside I can think of. And no, a break in employment doesn't necessarily mean that the individual has to go through the lottery again.

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

#199
post #118

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?

Not a lawyer: Yes, as long as there is an employer-employee relationship. Meaning, someone in your company should have the power to fire you, usually a Board of Directors.

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

#200

Hey Peter, thanks for doing this :) I'm on an O1, founder or a company and have slightly less than 50% onwernship. I've been thinking of getting a green card. What's the best approach?

I'd need to know your background but the first option I would look at is the EB1A extraordinary ability route.
Post reply on HN