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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

#72

What is the best visa option for international students to start a business in the U.S?

Depending on whether the E-1/E-2 visa is an option, the E-1/E-2 visa and the O-1 effectively allow for founders to sponsor themselves through their own company.

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

#73

As a British company looking to enter the US, is there a preferred mechanism for seconding UK employees to a (currently non-existent) US entity?

The typical options to look at are the L-1 intracompany transferee visa and the E-2 investor visa with, I would argue, the E-2 being easier but requiring a substantial UK investment and here limited to UK citizens.

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

#76
Hi Peter, I'm a F1 student who joined for a Masters program in a US University in 2015. A year into my Masters, my advisor offered me a PhD which I took up. So, I converted my degree from Masters to PhD in 2017. However, I still picked up my Masters degree in May 2017.

My PhD advisor quit his job this week. I'm not left with too many options. I was considering going back to the industry.

I learnt that I cannot apply for OPT based on my Masters degree, since that window to apply for OPT has expired.

Can I quit PhD and look for a job that'll sponsor my H1B? Will I have to leave the country, if so?

Thanks!

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

#77
Hi Peter,

I used up 6 years of my h1b on Dec 2nd 2018 and it has already been renewed again for the next 3 years until October 2021. Let’s say I leave the US for 2 years and come back before October 2021 to a US employer willing to renew my H1B. Will I retain my current H1B or do I need to go through the lottery system again? I also have an approved I 140 with priority date of March 2017. I have received conflicting feedback so far and it’s not very clear

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

#78

Can you give a summary of what has changed in the realm immigration after Trump took office and your personal advice for moving forward with immigration as a F-1 student?

Really, the main change has been with the H-1B program. It's just much harder - and not because the law has changed - to get an H-1B now and not to get one without going through the gauntlet of a request for evidence. But again, still, strong H-1B petitions usually get approved.

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

#80
I am a PhD student (on F1-visa), who's more or less been offered a decent Post-doctoral fellowship in UK immediately after gradschool. What are the implications of this if I want to return to the US for either an industry or academic position? I know that I'd be giving up the OPT option if I accept the fellowship.
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