Hi Peter,
I am on h1b and working for an employer. I am joining as a co-founder to a startup. Can I get compensation or profit for my work there? I am expecting to resume role of CTO. Can there be any legal implications?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
211–220 of 289 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#212Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#213Hello Peter, Does B1/B2 visa allow doing sales and seek investments? Planning for 4-5 months stay. Have a delaware registered C-corp.
Yes to investments with limitations and no to sales unless after sales support in connection with a product made and sold by a foreign company.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#214Hi Peter, I am on h1b and working for an employer. I am joining as a co-founder to a startup. Can I get compensation or profit for my work there? I am expecting to resume role of CTO. Can there be any legal implications?
In what status are you joining the startup?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#215Hi Peter, I am on h1b and working for an employer. I am joining as a co-founder to a startup. Can I get compensation or profit for my work there? I am expecting to resume role of CTO. Can there be any legal implications?
In what status are you joining the startup?
I am on H1b visa (my I-140 has been approved since last 6 years by my present employer.) I have notified my current employer and there is no conflict of interest. Do I need any approval from USCIS to work on the new startup?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#216Hi Peter. Thanks for doing this. I am working in USA on H1 visa. Can I open a startup in India and continue working here for my employer while I work in nights on building my company. And, can I also register another office/company here and get developers here for my startup?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#217Thanks for doing this Peter! Really appreciate you spending time like this. I'm an Indian running a company of my own in India. I used to work in the US for Microsoft & Amazon on an H-1B visa though this was 4 years back. I'm looking to move back to the US. What options do I have? Is it possible to set up a company in the US and come over on an L1 visa even as CEO of the company? I doubt O-1 would work for me and an…
Yes an L-1 is possible but L-1s are tough to get for small companies these days and I wouldn't dismiss the O-1: given your employment history and status as a founder, you might qualify.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#218Earlier quoted context omitted.
Have you filed your I-485 application?
No, my company's lawyer advised for premium processing the I-140 first and then filing the I-485 depending on that outcome. Thank you for doing this again.
Then you should wait until the I-140 has been approved and the I-485 has been pending 6 months before leaving.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#219Hi Peter,
My co-founder and I are on an F-1 visa currently using OPT and about to request the OPT STEM extension. We've talked with a lawyer and she insists that we should add a US Citizen to the Board of Director to establish employer-employee relationships. She says that otherwise, this could get us in trouble if we ever get audited or petition another type visa.
Our questions are: 1. What are your thoughts on this? Is there an alternative? 2. What document would be necessary to add/revise (other than the agreement for the individual to join the board)?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#220Earlier quoted context omitted.
tic. What's your education?
BA in social sciences. My understanding is that the Management Consultant category is really the only TN one that non-technical, non-financial senior leaders can apply under, but it’s quite restricted to project based work and subject to lots of extra scrutiny. Correct? If so, bummer... I know lots of talented people in similar situations and we’ll either stay in Canada or go to UK/Europe.
Yes and no. If the U.S. consulting position is supernumerary or is for a consulting company (like Deloitte) then it can go on for a long while and is in fact not that hard to get.