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

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

#31

Post by practicium » Fri, Jul 06, 2018, 5:22 PM UTC

Hi Peter, and thanks!

My question relates to the ability of reactivating "old" H1Bs after several time periods abroad.

(French national here)

I got my first H1B in October 2008 and left my job (and the US) in November 2009 (that's ~1 year and 1 month)

Then I got it "reactivated" and came back to work in the US in November 2013.

Transferred the H1B visa to another company in May 2013 (so that's ~6 months) and left the US again in June 2015 (that's another ~2 years and 1 month)

All in all, I have used around 3 years and 8 months of the "same" H1B in total.

At this point in 2018, would it be theoretically possible to come back to work in the US under the "same" H1B visa without going through the whole process of quotas/lottery etc. ?

All the best

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

#32

Post by a_bevin » Fri, Jul 06, 2018, 5:23 PM UTC

Hi Peter, thank you very much for doing this.

In 2018, what is the best visa avenue for an Indian student on an F1 visa to approach VC-funded entrepreneurship? I would like to take my business to market. I am starting to get traction and I have VC funding lined up, could this be used as a justification for an O1 or EB1 visa?

Thank you.

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

#33

Post by proberts » Fri, Jul 06, 2018, 5:23 PM UTC

orsenthil wrote: post #18

Hi Peter, How can non-US founders obtain visas to run startups in the US? What are the requirements?

The answer will depend on a host of factors including the founder's country of citizenship, the strength of the founder's background, the amount and source of investments in the company, etc. but most founders get E, L, and O visas.

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

#34

Post by deegles » Fri, Jul 06, 2018, 5:25 PM UTC

If you were put in charge of all immigration policy, what would you implement first?

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

#35

Post by proberts » Fri, Jul 06, 2018, 5:25 PM UTC

godelmachine wrote: post #20

Hi Peter, Would you kindly reply to my question?

Sorry about that. It's impossible to say unfortunately because clearly the application went off the rails given how long it has been pending. I would press the Senator's office since this is the best chance of getting the application unstuck and approved.

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

#36

Post by codegeek » Fri, Jul 06, 2018, 5:25 PM UTC

To get an L1-A or even L1-B visa, does company size matter or is taken into consideration ? We are setting up a subsidiary company of our US company in a foreign country and the team size is 5 right now. Is that too small to consider issuing an L1-A/B for one of the team members whom we may need in the US after some time.

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

#37

Post by proberts » Fri, Jul 06, 2018, 5:26 PM UTC

Townley wrote: post #29

In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?

I really don't know the systems and procedures in other countries although I've heard anecdotally that Canada is welcoming talented founders and professionals with open arms.

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

#38

Post by red_professor » Fri, Jul 06, 2018, 5:26 PM UTC

Townley wrote: post #29

In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?

Canada. Transparent, point-based system and a conditional PR for a limited period which can be extended and eventually lead to citizenship.

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

#39

Post by spocklivelong » Fri, Jul 06, 2018, 5:27 PM UTC

Hi Peter, thanks for doing this! My wife is on H4 EAD which expires next year. What are the chances that it will be revoked, and if so, what are some options for her?

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

#40

Post by exabrial » Fri, Jul 06, 2018, 5:27 PM UTC

I asked this before but I think the response was you don't have numbers available. Has anyone been turned away or special arrangements needed to be made because of the travel ban?