Live data from Hacker News

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

news.ycombinator.com

221–230 of 289 posts

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

#221
post #202

I'm a Canadian citizen. How can I learn more about getting in touch with you and hiring you as my attorney?

I'll post my email address at the end and when you email me I'll also give you the names of other attorneys so you can get more than one opinion.

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

#222
post #210

Earlier quoted context omitted.

Generally academic awards and scholarships don't meet that criterion. That being said, this is great background data and can help support an EB1A application.

Thanks for the question, I have another if you don't mind. During my studies, I worked on my own startup, presented it in front of a panel at a hackathon, then was chosen to present it in the associated conference the day after. I even won a small monetary prize from one of the conference sponsors. The conference in question was TADHack Global 2016 in Chicago. https://tadhack.com/2016/global/ Would this fill the crit…

It might help for an O-1 but really wouldn't help for an EB1A green card.

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

#224
I'm currently working in the US as a software engineer under H-1B. Can I start a company in my home country (Canada) while living in America?

If so, can I develop/work for that company, while simultaneously working for my H-1B sponsoring company?

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

#225

Hi Peter, thanks for doing this! I’m a Canadian with lots of marketing experience in tech, at a senior leadership level. Is there any hope for someone in this capacity to move to the US? Are H1B and L1 really the only options? Thanks!

I'm not a lawyer but I'm a Canadian who worked in the US on TN and H1 visas. For Canadians, you should seriously consider a TN visa. There are no limits to the number of them, and you don't even apply for them, you just 'qualify'. You can't even get the paperwork done ahead of time, you just do it at the airport on the way down. Essentially so long as you are doing a specific kind of work, and your employer is not pa…

There is actually a way to apply to the TN ahead of time now, it’s a pretty recent change (well, 2012): https://www.uscis.gov/archive/archive-news/new-filing-option...

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

#226

Earlier quoted context omitted.

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?

Yes, that is safe to do.

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

#227
I'm in the U.S. on a EB-1 green card. I spend a lot of time abroad. I don't have much of a desire to get U.S. citizenship, but I do want to preserve my ability to live and work in the U.S. any time in the future without having to go through the pain of applying from scratch.

Few questions:

1. What are the risks in terms of losing the green card — should I be careful about counting the days abroad to ensure I stay under 6 months cumulative? What are my options for living abroad for a while with frequent trips to the U.S.?

2. What are the downsides of getting citizenship if I choose to apply for it? In particular, how does my tax situation get affected when I work abroad as a citizen vs. resident.

3. If I'm abroad and have a reentry permit, for quick trips to the U.S. (not moving back), can I come back as a resident or would I enter as a "visa-waiver" tourist? Does Global Entry still work?

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

#228

Hi 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…

I would speak with your school - because the school is really the decision-maker on this - and ask your school what needs to be in place for you as cofounders to get a STEM extension.

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

#229

Earlier quoted context omitted.

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?

So, to be clear, has an H-1B petition been filed for you by your startup?

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

#230

Hello Peter, Thank you for keep on doing this on periodic basis. Two questions: 1. Any likely / impending changes (more demanding requirements, etc.) in law affecting the process from H1B to GC under current administration? 2. Any likely / impending changes (tighter restrictions, etc.) in the law affecting the process from GC to citizenship under current administration? Thank you.

I would say no to both and even less likely with the new Congress.

Thank you.
Post reply on HN