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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

#141

Post by proberts »

mrn45 wrote: post #113
proberts wrote: post #91

Earlier quoted context omitted.

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?

Yes.

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

#142

Post by trq_ »

proberts wrote: post #96
trq_ wrote: post #86

Hi Peter! How suited do you think the TN visa is for joining early stage startups? I feel like being in that space can involve switching companies more often than usual because of the failure risk. Is it risky to apply for a TN visa each time? Say you change jobs at most once a year.

Unless you have an ownership interest in the startup or are a founder, I don't see any risk with getting a TN through a startup and even changing TN companies every year.

What about if you are a founder with a minority stake? Would you recommend some other form of visa?

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

#145

Post by proberts »

EduardoBautista wrote: post #137
proberts wrote: post #114

Earlier quoted context omitted.

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.

I was referring to the L1 category which you mentioned above.

Sorry, yes an L-1 could work although all work would need to floe through the US company and you would need to add jobs over time.

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

#146

Post by sh33mp »

samstave wrote: post #54

Can you please ELI5: How does the visa program work? So - say youre an engineer in another country and you want a work visa in the US - does one seek a job first or a visa first? Based on that - what is a bullet list of steps (checklist) for the process to be expedient/smooth/successful? (I am one who will never require this - but I want to understand the process and what people go through to get the H1Bs etc...)

I want to commend you for trying to learn more about the immigration process. More often than not, I find that Americans tend to not know hoops and travails that internationals have to jump through to work in the US, or even just to keep working in the US. Too often, I've heard "H1-B is for cheap foreign labor - just apply for an EB-1/2 or something."

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

#147

Post by proberts »

trq_ wrote: post #142
proberts wrote: post #96

Earlier quoted context omitted.

Unless you have an ownership interest in the startup or are a founder, I don't see any risk with getting a TN through a startup and even changing TN companies every year.

What about if you are a founder with a minority stake? Would you recommend some other form of visa?

Less of an issue but CBP and USCIS will oftentimes deny TN petitions where the applicant has any ownership interest even though this is legally indefensible.

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

#148

Post by lelLlL »

Hi Peter, I'm Canadian and had some questions about the E-2 visa :)

Can I work a random job in the U.S. while holding an E-2 visa?

What if I want to segue into a green card? Or another kind of visa? Will the attestation of leaving the U.S. conflict with that?

Can E-2 visas be extended indefinitely with ease? (much like TNs)

If I have a startup I just started, how many people can I safely bring over with the E-2 employee visa assuming I'm the only investor putting money down?

How can I learn more about getting in touch with you and hiring you as my attorney?

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

#149

Post by proberts »

bradnation wrote: post #133

I'm a bootstrapped startup founder considering hiring an international student on an OPT (obtained after recent graduation from graduate program in US). Probably more of an employment law question but nevertheless - can I hire this person under an OPT for an unpaid internship. P.S. I would like to pay him but can afford to do so only on defferred terms e.g. upon funding etc.

During his first year of OPT, his work can be without pay but during his second and third years of STEM OPT (assuming he's eligible), his work must be paid.

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

#150

Post by proberts »

neom wrote: post #136

I'm on a NAFTA TN, it's about to expire. now we have usmca do I need to do anything, also have the job categories changed drastically? Thanks for doing this.

Strangely, it seems that there will be no major changes to the TN under the new agreement.
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