What do you recommend to immigrant founders who come to YC who are on H1b visa of another company but ready to go full time with their startup?
Same question !!
Possibly get an H-1B through the startup or even an O-1 - or even change status to B-1.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
301–310 of 414 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#302I am currently in USA on L1 visa and I also have an L2 visa and EAD which will expire in February.
Is it possible to extend EAD while entered to USA on L1 ?
And is there a way to check validity of the visa: when I got L1 visa my B visa was stamped as canceled but L2 remained and I want to make sure that it's still viable.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#303Thank you for doing this Peter! How does the H1B transfer work when switching jobs? How do I make sure that I can stay in the country while switching jobs and I don't have to wait 3 months to get an approval. Thanks
IANAL, but once your new firm applies for the new H1B petition (the H1B transfer is technically not a transfer, but a new H1B petition itself that is not subject to the cap), and you receive the receipt of your notice (usually take 2-3 weeks), you can start working for your new firm. There's no requirement to wait until it gets approved.
That's correct and you can even start working for the new employer upon confirmed delivery of the H-1B petition to USCIS< But there's risk with this of course. Unless there's a compelling reason, it makes sense to wait until the petition has been receipted in by USCIS and the filing fee checks cashed. But also note that you do not need to start working upon receipt; you can remain in valid status in the US while the petition is pending and only start working after it is approved.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#304Is the 6 months grace period (not changing employer) after getting a greencard a real thing?
No.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#305Hi Peter, thanks for answering questions! Could you please comment about changing employer after obtaining employment-based Green Card? It's considered to be safe to work for current employer for at least 6 months after getting GC. However there is no such legal requirement and there's the AC21 Act. Also I've heard about 2-year period after getting GC: if applicant worked less than 2 years for sponsored employer, he/…
It's really not gray at all. As long as the green card was obtained in good faith, there's no obligation to continue working for the sponsoring employer for any period of time after the green card is issued.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#306Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public Relations Specialist'. My employer is now starting the green card process. They are preparing the application, and have updated the job description to reflect my current responsibilities and minimum requirements.
My BA major is a field called "Performance Studies', which is an obscure interdisciplainry sub-field of Social Sciences and Humanities. My specific research is directly related to my job - experiential marketing in nonprofits, and my employer considers this a "related field" to Marketing, Communications or Public Relations major.
My issue is that my employer does not want to list "Performance Studies" as a required major in the minimum requirements, but my lawyer is recommending we do this to avoid a denial. What are my chances of approval if we list minimum requirement as "BA degree in Marketing, Communications, Public Relations, or related field" - with Performance Studies + my specific research as the 'related field'? I'm finding it hard to get advice from peers as most people I speak with applied for their GCs as engineers or mathmatics majors - your thoughts are much appreciated!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#307Do I have any chance of getting a H1B or any other kind of work visa with no formal education but a proven track record?
There's an equivalency formula which governs. The quality of one's employment or one's ability is relevant in the O-1 context, not the H-1B context. Without a bachelor's degree, you would need 12 years of full-time professional experience to be deemed to have the equivalent of a bachelor's degree, which is a requirement for H-1B classification.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#308hi Peter, I am on a L-1 visa. Is there any law against sub-letting my rental i.e. can I receive any income other than my job, when on a L1 visa. Thanks for your help.
There's no clear guidance but as long as sub-renting doesn't become a "business" - meaning that it's just limited to your one place - then I see no problem with it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#309Hi Peter, Thanks for fielding these questions! Do you think Trump will revoke the H4 EAD rule? If he does, how long would it take ? Thanks, Srini
I don't think that he will but the risk of him doing so while low isn't insignificant.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#310Earlier quoted context omitted.
There's been a huge uptick in RFEs.
Does this have any material impact on the H1 process or is it simply an annoyance?
It's more than annoyance unfortunately. RFEs can delay the process significantly and can impact the continued employment of those in F-1 OPT status - and in the end, I think that there will be more denials.