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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

#111
Dear Peter, I'm on F-1 who didn't get picked in H1-B lottery twice, and am in the last 13 months of my STEM OPT.

Next year i.e 2019 April is my last shot at H1-B.

I work for an amazing start up that allows me to work remotely.

I'm hoping that my H1-B petition gets picked up in 2019 but in the event that that doesn't happend, as a back up what are my options if I want to continue to work for the same company and stay in the USA?

Thank you

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

#113
post #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…

I would not quit the program until you have obtained a job offer and been granted another visa classification, such as an O-1, cap-exempt H-1B, or cap-subject H-1B. You need to check with your international student office but I believe that if you just quit the program, you will be out of status without any grace period. And that's correct about your master's degree OPT - it's gone.

If do find a job, can my employers apply for H1B while I'm still enrolled in PhD?

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

#114

Earlier quoted context omitted.

I'm not sure that I understand the question but the L-1 for Canadians is still a very good option and can be obtained even for brand new companies/offices. Once you are in L-1 status, you can be paid by the U.S. company or even just continue to be paid by your Canadian company.

How can a new company qualify? I "freelance" through a Delaware-corp I registered a couple of years ago. I am a Mexican citizen, not sure if that changes anything.

Self-sponsorship is prohibited in the TN category (as well as other categories) so this isn't possible unless you have co-founders and co-owners and are treated as an employee.

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

#117

I have my DACA expiring next year in late 2019. Since it has been cancelled and can't be renewed, do I pretty much have no option but to leave the U.S. next year?

It can be renewed. There's information about this on the USCIS web site.

To follow up on their question, as a DACA applicant thinking of creating my own company. Is this safe to do? Should I consider incorporating in another country instead?

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

#118
post #98

Hi Peter, I'm on a cap-exempt H1b visa working in cyber-security field. Within past year I had to let go of 3 job offers due to visa transfer not being possible to for-profit companies (and all offers were made after April, so lottery based H1b application wasn't a path I could take this year). What would you recommend someone in my position should do if they want to switch job to a for-profit organization?

Note that you can work part-time in H-1B status for a for-profit company while on a cap-exempt H-1B. But beyond this, without knowing your qualifications, I would look at the O-1 .

Thanks for the prompt response!

To shed some more light on qualifications, I've BS+MS in ECE with ~3 years of experience in the security field. I'm a member of a well recognized standards committee defining security standards. I've given conference talks, and published articles in industry trade journals.

Does that make my odds of getting O1 visa (or EB1 green card) higher in any way?

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

#119

Dear Peter, I'm on F-1 who didn't get picked in H1-B lottery twice, and am in the last 13 months of my STEM OPT. Next year i.e 2019 April is my last shot at H1-B. I work for an amazing start up that allows me to work remotely. I'm hoping that my H1-B petition gets picked up in 2019 but in the event that that doesn't happend, as a back up what are my options if I want to continue to work for the same company and stay…

They're very limited unfortunately but if it's a great startup and you've played an important role for the company, then an O-1 might be an option. Also, and I'm not recommending this in any way, there are academic programs, as I'm sure you've heard, that give full-time CPT to those pursuing an advanced degree.

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

#120

[deleted]

Apologies but I'm a bit clueless on the ICO stuff. What's the immigration question/concern?

I am sorry - I thought you it was 'ask me anything', I did think it was only immigration questions. My apologies.
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