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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

#221

Post by proberts »

exabrial wrote: post #192
proberts wrote: post #173

Earlier quoted context omitted.

I don't unfortunately but anecdotally I've heard yes.

:( I think it'd be a useful conversation to have. Contrary to what the news media says, I think vast majority people are pro-immigrant, including the red states. Showing the policy is blocking investment over the perceived safety would be valuable, especially to people who love that kind of thing.

I agree. I know clients of mine have made decisions to set up shop and invest elsewhere because of the difficult in getting visas for themselves and employees.

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

#222

Post by olivertang33 »

Hi Peter,

I'm a currently on the H-1B work visa. Is there any way for me to either:

1. start a company with another co-founder, who is an American citizen?

or

2. Get accepted to an incubator program such as YC (with an american co-founder) and be a part of the program under legal work status?

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

#224

Post by Trezoid »

proberts wrote: post #156
stealthefocus wrote: post #146

Hi Peter, I've heard people mentioning they transitioned from TN visa to green card sponsorship, my understanding is that this isn't allowed, have you heard of this?

It's definitely allowed but there are certain minor requirements and restrictions specific to those in TN and other non-dual-intent statuses.

As an Australian E-3 holder, what kind of requirements/restrictions?

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

#225

Post by proberts »

sucharitaj wrote: post #212

Hi Peter, Thank you for taking the time to help us all out! Re my case: I am looking to transfer from F1 Visa to H1B. My petition got picked in the lottery and I was issued an RFE recently. Request is to provide more evidence on how my masters is relevant to my job role. I have a bachelor's degree in architecture, experiencein construction management and masters in strategic design and management. I made a career shi…

H-1B RFEs are commonplace these days unfortunately. Does the petitioning employer have an immigration attorney because it's really tough for me to opine on this in the abstract?

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

#226

Post by proberts »

dsunku wrote: post #223

Hi Peter, what do you recommend for entrepreneurs that work full time and hold a H1B currently with another company but want to work full time with their Startup. Just transfer the H1B to the Startup or apply for a different type of Visa?

Either transfer to the startup in H-1B or O-1 status or file a part-time concurrent H-1B through the startup and continue to work for your current employer until the part-time concurrent H-1B is approved and then make the complete switch. (This is a more conservative approach.)

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

#227

Post by proberts »

olivertang33 wrote: post #222

Hi Peter, I'm a currently on the H-1B work visa. Is there any way for me to either: 1. start a company with another co-founder, who is an American citizen? or 2. Get accepted to an incubator program such as YC (with an american co-founder) and be a part of the program under legal work status?

Yes but ideally your USC co-founder should own a controlling interest and you should establish an independent board of directors that can fire you.

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

#228

Post by proberts »

afsana wrote: post #172
ajiang wrote: post #129

I think I am in a long line of people who really appreciate all the help and guidance Peter has given. If you have startup immigration issues, Peter is your guy.

Hi Peter, Fully agree with @ajiang -- Thanks a lot for taking the time. outside of YC and start-up specific immigration matters, do you handle non-YC/start-up cases? Thank you.

Of course but to be clear (and I'm not being modest) there are a lot of good immigration attorneys and many who specialize in the representation of startups and entrepreneurs.

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

#229

Post by benhalllondon »

proberts wrote: post #219
benhalllondon wrote: post #166

1) Thanks again for doing these threads, so helpful in a sea of so much uncertainty. 2) I’m currently on a O1 (that you actually helped get), do you know if in post-Trump era re-petitioning to change employers (or extending at the same employer) has got much stricter? 3) As I understand it, O1 can’t lead tho a green card, if I’m interested in that is there anything else I can do currently? Thanks again so much!

Even though little if any deference is given to previous approvals now, in the O-1 context, it's still easier to get the second O-1 approved through a new company. And while an O-1 isn't a path to a green card - no status is - those in O-1 status often qualify for an EB1A green card.

Thanks so much!

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

#230

Post by proberts »

SXX wrote: post #195

Hi Peter, Here is my situation: I am a person with passport of Russia, but I have chance before me to participate in US startup as co-founder. Company will likely be incorporated in Delaware with US citizen as primary founder. So I have a few questions: 1 - With "startup visa" initiative dead in water would it be possible for me acquire US visa with work permission if company likely going to have no more than 5 emplo…

1. Yes, and an O-1 is often the visa that we get for talented founders (from Russia and elsewhere). 2. With the long view in mind, I would recommend that you all hire a lawyer to handle the corporate stuff.
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