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

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251–260 of 317 posts

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

#252
post #248

How realistic is it for a not quite 1yr old, 5ppl startup in the US (with funding) to sponsor a J-1 internship visa? Candidate is from Europe, will finish his MSc soon, and wants to do a 6mt internship.

It's possible but the requirements are a bit stricter.

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

#253

Earlier quoted context omitted.

If the applicant does not have a filed H-1B petition within the 60 day grace period, can they continue to the stay within the US if their spouse is on a valid immigration status? Can the H-4 change of status be applied after this time while staying within the country?

The change to H-4 status must be filed during the 60-day grace period.

Thanks!

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

#254

Hi Peter, thanks for doing this. We're a small consulting company based in Germany and we have a couple of customers in the US. We'd love to work on-site but so far haven't done so because we couldn't sort out the visa issues. Customers in the US would pay our German company which would then pay us (the founders/employees). Our contracts are usually short (1-2 weeks max). We've actually talked to two different lawyer…

Unless the onsite work is pursuant to a contract for the purchase of equipment that provides for onsite installation and support, a work visa, such as an L-1, would be required.

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

#255
post #108

Earlier quoted context omitted.

Is it correct that the entrepreneur rule was reinstated by court order ( https://www.uscis.gov/news/news-releases/uscis-begin-accepti... ) so that entrepreneurs could actually file for this right now? (until they undo it) In case they undo the rule, would the already issued paroles and EAD cards be void?

That's right but given the open hostility to the rule, I don't think that these applications will be processed to completion.

I've spoken with parties highly involved with the IER that are actually much more optimistic. Would recommend everyone talk to their immigration attorneys about their own status and whether applying is worth it or not.

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

#256

I am the sole director of a company based in the UK. Through this company I am doing some work for a company in San Francisco. All the work is done remotely but once in a while I need to go to the office. I am currently just entering in the US with a visitor/tourist visa. Theoretically, which visa should I be applying or is there a visa for that sort of temporary (less than month) work in American soil?

This is complicated. In short, while in the U.S., you shouldn't get paid by your U.S. clients and the "work" you do should be along the lines of status meetings, not "productive" employment. Otherwise, you will need a work visa.

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

#257
Hi Peter, Thank you so much for doing this! I am on the H1 visa and my wife is relying on her H4 EAD for work. What are the options after H4 EAD is revoked (guessing sometime later next year for good)? Considering my green card is at least 6 years away, is moving out of the country the only choice for her to work?

Thanks in advance and happy holidays, Srini

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

#258
post #251

Regarding cryptocurrencies - if we were to create an ICO for purchase, what would we need to consider from the legal perspective (beyond the consideration of registering it as a security)?

What's your current status?

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

#259

I am the sole director of a company based in the UK. Through this company I am doing some work for a company in San Francisco. All the work is done remotely but once in a while I need to go to the office. I am currently just entering in the US with a visitor/tourist visa. Theoretically, which visa should I be applying or is there a visa for that sort of temporary (less than month) work in American soil?

This is complicated. In short, while in the U.S., you shouldn't get paid by your U.S. clients and the "work" you do should be along the lines of status meetings, not "productive" employment. Otherwise, you will need a work visa.

Really appreciate your help on this.

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

#260

Earlier quoted context omitted.

Hi Peter, Thanks for doing the AMA. Can you clarify because I didn't understand. > if the U.S. company is the same nationality as the applicant. Let me give you an example. If I, a UK citizen and currently residing in the UK. I incorporate a company in the US, a Delaware LLC. That company generates $100k and then is on target to be generating additional revenues for re-investment in the company. Can this $100k and re…

Yes.

Thank you for the clarification, much appreciated!
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