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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

#21

Post by proberts »

bankim wrote: post #16

How does a non-immigrant who is currently on H1B visa in the US go about starting and working for their own company?

There are several options which will depend on your background and country of citizenship, among others, such as the E-1, E-2, H-1B, O-1, and visas specific to certain countries of citizenship but many of these require the establishment of an employer/employee relationship, which can be a stumbling block. That is why, if possible, the E-1 and E-2 (and O-1) are oftentimes the best options for founders/entrepreneurs.

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

#22

Post by tchaffee »

perseusprime11 wrote: post #3

What is your opinion on Trump's new H1-B policy? Will this hurt innovation as a result of lack of access to talented engineers?

Not a lawyer and I am also interested in the answer. As a developer though I often wonder if there is a lack of talented engineers. It seems like companies want engineers for a big discount. The US immigration system, since it ties you to one employer, seems to be almost indentured servitude. If you get fired you lose your Visa. I am not anti-immigration. But I would like to see immigrant salaries the same as or very close to local worker salaries - that would be a true indication that you cannot find talent elsewhere. And I would like to see immigrants able to move from employer to employer. Good question, and I hope you don't mind me hopping on this with my $0.02.

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

#24

Post by fuckh1bvisa »

Don't you think you should quit being a piece of shit and focus on bringing jobs to the countless people who live in the US? I understand the startup mindset is to go with cheap labor but often times there are people on our own soil who lose the ability to access many of these opportunities because of this

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

#25

Post by proberts »

chollida1 wrote: post #20

Bit off topic but, Canada is about to legalize marijuana. Do you see US border patrol trying to "sniff out" Canadians trying to enter the US with specific marijuana related questions? Are there an specific questions that Canadians who smoke weed and cross into the US for work, should or shouldn't answer? I'm not worried about blatantly stupid things like trying to bring in weed to the US, but more concerned about the…

I haven't seen an increase in questions related to this but I wouldn't be surprised if there is. Unfortunately, my only advice is to answer honestly to whatever is asked. Most people encounter immigration problems not for what they have done but for lying about it.

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

#26

Post by cvaidya1986 »

Thank you so much for doing this!

As someone on H1 and I 140 approved and in the long wait for green card, is it ok to release a free iOS app under one’s own name and if it takes off, show that as evidence for extraordinary accomplishment?

Does membership of exclusive well known invite only Silicon Valley network for tech founders count as membership of reputed organization?

What if the app is for a non profit, should it be released under the non profits name?

Is it legal to be a minority owner of a company and not draw salary from it?

Is your firm available for direct hire for one person or you only help YC and startups?

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

#27

Post by proberts »

jaredhansen wrote: post #10

What do you think of https://www.bridge.us (SaaS platform for immigration)? I haven't used them yet but I'm a fan of the team and the concept. We have sponsored a number of J and H visas for various people at Breezy, and I'm curious to hear your thoughts on the value of this platform and/or any competitors. Thanks in advance!

I haven't used this platform so I can't comment on it unfortunately although I think that there's a place for immigration-related automation. The challenge I think is making sure that those using such platforms are aware of all their options and all the issues because just because something works doesn't mean it was the best option.

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

#28

Post by o1visa »

I have been working in the US with an O-1 visa for 8 months, but I want to switch jobs now. I got an offer from two different companies and both said the visa would not be an issue, but I'm not sure what the process is. Do I need to apply for the visa again? What happens if the new visa is rejected? When should I tell my current employer that I want to quit? Thanks!

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

#30

Post by proberts »

o1visa wrote: post #28

I have been working in the US with an O-1 visa for 8 months, but I want to switch jobs now. I got an offer from two different companies and both said the visa would not be an issue, but I'm not sure what the process is. Do I need to apply for the visa again? What happens if the new visa is rejected? When should I tell my current employer that I want to quit? Thanks!

Yes, your new employer would need to file a new O-1 petition with USCIS and if it were me, even though subsequent O-1 petitions are usually approved, I wouldn't give notice until the petition is approved. Note however that the O-1 visa in your passport remains valid even if you change employers as long as there is an underlying approved petition through the new employer.
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