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

#61

Post by forapurpose » Fri, Jul 06, 2018, 5:40 PM UTC

myth17 wrote: post #48

Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?

Could you share more details with those of us who are unfamiliar with the issue? People from India have a multi-decade wait to work in the US? That sounds horrible.

A new US President may be more interested in immigration. AFAIK the US public largely supports it still, as do the powerful (businesses). It's mostly the nationalists who object.

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

#62

Post by orsenthil » Fri, Jul 06, 2018, 5:41 PM UTC

chrisseaton wrote: post #47

orsenthil wrote: post #22

Hi Peter, Should a person who is in H1B wants to create a startup in US, what kind of VISA issues that he/she might run into?

Why do some people capitalise ‘visa’? What are you under the impression it stands for?

chrisseaton, I don't get your question. Imagine a person while working for company has motivation to start a company. The option is move back to country of origin or to a different country or stay in US. My question was about staying in US and starting the company.

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

#63

Post by proberts » Fri, Jul 06, 2018, 5:42 PM UTC

emk133 wrote: post #55

Peter - are you seeing a shift or a trend where individuals with immigration need are possibly heading to other countries (e.g Canada) given the toughening stance on immigration here in USA recently? Also what would be your 2 cents for citizens from oversubscribed countries such as China/India who practically have to wait for ever now to get work based GC? Head over to Canada?

Absolutely. A lot of our corporate clients are deciding to set up shop elsewhere, such as Canada, and a lot of our individual clients from China and India are moving elsewhere as well, such as Canada - or pursuing an EB1A green card, although the standard is tough and getting tougher.

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

#64

Post by bialpio » Fri, Jul 06, 2018, 5:43 PM UTC

proberts wrote: post #14

vemkiran wrote: post #11

Hi Peter, Thank you for doing this. While on H1b, 1. Can someone start/run a business? 2. How about a revenue-generating personal web/mobile side project while maintaining status with a full-time job?

There are exceptions and nuances but the short answer is no to both, not without separate work authorizations for these activities.

To me it seems that the answer to this question is contradicting your answer to "Can a F1,J1 or H1B visa holder register a company outside USA (home country)?" - am I missing something? Or are we assuming that just "registering a company" doesn't imply earning money? :)

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

#65

Post by godelmachine » Fri, Jul 06, 2018, 5:43 PM UTC

Hi Peter,

My father has applied for my GC and the processing may begin after several years. He’s a GC holder, and may have his oath of citizenship done soon, his lawyer expects the oath to happen this year. I believe I fall into EB2 category.

Meanwhile, are there any chances that Trump may try to kill those GC aspirants who are coming via family route?

Thanks :)

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

#66

Post by jolmg » Fri, Jul 06, 2018, 5:44 PM UTC

> then again at around 1 pm for another 2 hours

What timezone is that?

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

#67

Post by proberts » Fri, Jul 06, 2018, 5:44 PM UTC

red_professor wrote: post #57

Hi Peter, As an H-1B holder with entrepreneurial ambitions and no Green Card in sight for any foreseeable future, how hard is it get an O-visa? I am not a research scientist or a Ph.D. holder or have any publications, just your garden variety Software Engineer (with a graduate degree). With IER parole gone, what is a feasible way for me to quit my job and work on my own idea? I don't have funding yet (and don't plan…

I know, the options are very limited and the O-1 can be tough even for incredibly talented engineers who don't have publications, press, etc. I would need to review your CV to give you a firmer assessment.

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

#68

Post by proberts » Fri, Jul 06, 2018, 5:45 PM UTC

throwaway66666 wrote: post #59

Any chance for EB3 green card for university drop outs? (assuming X years of studies finished and many many years of progressive relevant experience). Thanks so much.

Absolutely. A degree isn't necessarily a requirement for EB3 or even EB2 and EB1 green cards.

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

#69

Post by ilolu » Fri, Jul 06, 2018, 5:45 PM UTC

Can a college dropout get a visa to go through YC program for 3 months?

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

#70

Post by calvinbhai » Fri, Jul 06, 2018, 5:45 PM UTC

godelmachine wrote: post #49

Hi Peter, These days, will getting an MS from a US university help in any way in expediting Green Card? I have not begun applying to MS yet

Forget this path if you were born in India. Just an MS is not enough. Unless you qualify for GC under EB-1 or O-1 visa, high skilled India/China born immigrants, are basically well paid bonded laborers in the US.