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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

#161
Thanks for the AMA Peter!

For someone on H1B is it legal to patent an invention on the side (software in my case) and generate income by licensing it? Will it be considered passive income?

If no, what options are available short of starting a new company?

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

#162

Earlier quoted context omitted.

Yes. I will be working for the sponsoring company. The USCIS has not got back to me after the h1b interview(3.5 months ago). Is the scrutiny on startup employees more than multinational companies? I am the first employee of my employer to sponsor an h1b.

That's odd. You might want your employer to reach out to a Congressman's office to follow up with the Consulate. Were you given any reason at the time of your interview?

Yes. We did that. The reply from USCIS had nothing other than the standard reply. They didn't tell me anything in the interview. Just took all my papers.

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

#163
Peter, thank you for doing this.

I recently cofounded a Delaware corp with a US citizen and we are in the process of raising US seed investment.

Am I permitted to travel to the US to work on the company under the VWP?

I currently work on the company from London.

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

#165
I'm a Canadian working for a tech company in US on TN Visa. I want to start my own endeavor and work in US. Can I start a company and sponsor my own TN visa? I've heard of friends who have sponsored themselves via their own startup, they usually put someone else as CEO and got that person to sign their employment letter. What are the liabilities of that person as CEO? I was considering making my friend a CEO and having him hire me for the company. Also, does the company need a minimum revenue or funding?

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

#166
Is there any possibility that the Fairness for High-Skilled Immigrants Act of 2017 (https://www.congress.gov/bill/115th-congress/house-bill/392/...) would see the light of day anytime soon? This act would eliminate the per-country numerical limitation for employment-based green card petitions.

Also, what would be the implications if this bill does become law?

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

#167
Hi Peter, thanks for doing this.

I'm currently holding a J1 visa sponsored by University of California Berkeley ending in March. During several discussions for possible internships starting after the end of my J1 visa, I've been asked if I can enter an internship with my visa, through a renewal or whatever, or I need to get a new sponsorship and start the procedures again.

Thanks.

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

#168
My current employer had agreed to participate in e-verify in order for me to be able to take advantage of the STEM post completion OPT extension. They have now backed away from that. What are my best options? I still have 2 months left of the original OPT period left.

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

#170

Earlier quoted context omitted.

I think talented foreigner employees will always have higher salaries (on average) because 1. it is a true pain in the ass to move countries, and 2. in some countries that's actually a requirement (like the Netherlands, for example).

Not in the US. My experience is that immigrants, for example from India, are grossly underpaid. This would be for the software engineering area, and I've seen this over a two decade span.

Not disagreeing with what you say but there are people on both sides of the coin. For instance, myself and my peers (Indian graduates from a top 5 school in US) are extremely well compensated by our respective companies (well beyond the highest wage level defined by DOL). But due to the antiquated immigration system, everyone gets pooled into one bucket which results in decade+ long wait for a green card. I agree with you that the salary requirements need to be fixed and revised. Also, the allocation of the green cards can be done in descending order of the compensation of the employee instead of the country of birth/filing date system.
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