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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

#261

Post by proberts »

srinivasang87 wrote: post #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

The only other options would be for her to get an H-1B or for you to apply for an EB1A green card. Do you think that you might qualify? Send me your CV if you'd like me to evaluate.

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

#263

Post by kreeWall »

proberts wrote: post #239
kreeWall wrote: post #222

Earlier quoted context omitted.

Also, just to clarify, do I need to wait until H1B to take classes or can I do it while on OPT too?

You can do this while on OPT but again the primary focus of your time should be on employment, not education.

Thank you for clarifying!

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

#264

Post by lars_francke »

proberts wrote: post #254
lars_francke wrote: post #238

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.

Thank you, that confirms our suspicions.

No, we do software consulting which should not fall under the terms you laid out.

If you happen to know someone whom you trust who can help us with this we'd love some contact information. You can find my mail address in my profile.

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

#265

Post by jo-m »

proberts wrote: post #252
jo-m wrote: 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.

stricter in what?

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

#267

Post by cletus »

proberts wrote: post #129
lucascarvalho wrote: post #126

Earlier quoted context omitted.

If all I'm doing for this business is coding and I have less than 50% of the share, I'm not an employee and I'm not getting paid. Is this considered like providing services?

Yes.

Wait, I'm confused... not the OP but if this guy is coding for this business (the one he doesn't have an H1B for), I thought it didn't matter if he was getting paid or not. This is "productive work" right? As in, it has value so is problematic. Or do I misunderstand the rules?

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

#269

Post by silentsea90 »

proberts wrote: post #241
silentsea90 wrote: post #156

Hi Peter! I hold an H1B visa and am currently employed at a startup, but got an RFE. 1) Does the increased scrutiny in h1b applications bias towards approving applications only for well known companies? 2) Unrelated question, what are the requirements if I want to open my own startup as an H1b holder? Would I need to move to another visa, does my company need to have a US citizen as a cofounder etc.

All things being equal, H-1B RFEs are triggered more by the offered wage now (Level 1 or not) than by the size or prestige of the company. The key requirement for an H-1B through a company you found is that there be an employer/employee relationship between the company and you, meaning that there's a board of directors that can fire you.

Thanks!

For starting a company, is H1b the best visa to be on, or are there other alternatives. If it is easier, how do YC founders navigate visa (assuming they don't have a green card)? Please feel free to add constraints regarding funding, board etc.

Ultimately, this is the thing that scares me the most in even dreaming to start my company, so even links that help would be amazing.

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

#270

Post by gusmd »

proberts wrote: post #205
kytgrace wrote: post #171

My husband is currently holding an H1B visa, and we are planning to start our green card application process, wondering how long does it usually take? Also, I'm holding an H4 visa, hoping to work in the States legally, so on which stage of green card applying process, I could start my I765 Form application, and how long does it usually take?

The answer to your first question depends on the green card path he will be taking and his country of nationality. Regarding your section question, once the I-140 petition for your husband is approved, you can apply for a work card and the process right now is taking about 3 months.

Hi Peter,

Just wanted to say here that in my experience this is now taking much longer than 3 months. Mine is currently approaching 4 months, and I have colleagues that have been waiting for over 5 months.

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