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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

#51

Post by anon1872 »

Hi Peter,

I aim to apply for YC. I'm German. I have some questions regarding visas:

1) What kind of visa would I need for the three month program time? And how early in advance do I have to apply for it (i.e. do I have to apply before I know if I get accepted at all)?

2) What kind of visa would I need if I wanted to stay after the program (or if I don't get accepted, to start the company in the US)? From what I read an O-1 visa might be the best option, is that correct (I submitted my PhD thesis and have relevant publications, but won't get the official degree until mid next year)? How long in advance do I have to apply? Do I have to found the company first?

3) How much (approximately) will that cost?

Thanks!

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

#52

Post by ra7 »

Peter, I'm currently on H1B and my I-140 was just approved this week. When can I technically change jobs and keep my priority date?

Is it true that my current company can withdraw the I-140 petition within 6 months of approval and have you seen cases where it has happened?

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

#53

Post by proberts »

rococode wrote: post #47

I'm at a very early stage startup and am preparing to make my first hire in the next couple months. To me, it would be ideal if I could consider people who aren't US citizens or permanent residents. But, given how often I see small-mid sized startups saying, "sorry but we can only hire US citizens/green card holders", it seems there are a variety of reasons (that I don't fully understand) that this may not be feasibl…

It's absolutely possible from an immigration standpoint (really no different from a large company) so I would definitely not shy away from hiring foreign nationals at all. However, depending on the visa type, there could be wage requirements and sometimes those can be a challenge for new companies.

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

#54

Post by that_girl »

This might be an off topic question.

Do you think startups shouldn't be bearing the burden of sponsoring an H1B? The reason I ask is, there's great talent going to big tech because Startups are not in a position to sponsor H1B. Otherwise I myself would love working for a YC startup.

Do you think YC and potentially VCs should handle this part for startups just so they can attract good talent?

Or are there any other alternatives you'd suggest to help this case?

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

#55

Post by proberts »

ra7 wrote: post #52

Peter, I'm currently on H1B and my I-140 was just approved this week. When can I technically change jobs and keep my priority date? Is it true that my current company can withdraw the I-140 petition within 6 months of approval and have you seen cases where it has happened?

The priority date is yours now and your current employer can do nothing to take it away.

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

#56

Post by an_d_rew »

Hi, Peter - thank you for doing this!

I'm one of the lucky ones - my I-485 was approved for LPR on the last week of July (EB2, RoW). I've got the I-797 to prove it! :-)

The funny thing is that I'm STILL waiting for the actual green card - USCIS has been adamant that "60-120 days between approval and card issuance".

I've been told twice, on the phone, that under no circumstances will they even allow me to schedule an InfoPass appointment for an I-551 stamp until the 60 days have passed.

My question is simple: is this normal? Both the delay between approval and card issuance, and the refusal to issue I-551 stamps...?

Cheers!

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

#58

Post by tombert »

Hello!

My wife is here on DACA after being brought here illegally when she was eight years old. Due to her illegal entry, we aren't allowed to apply for a green card until she has a legal entry, which is prohibited for 10 years.

We currently are working with an attorney that is trying to get her through on a hardship petition (claiming (probably rightly so) that her being deported would be damaging to me (a citizen)). Is this this best path forward?

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

#59

Post by proberts »

that_girl wrote: post #54

This might be an off topic question. Do you think startups shouldn't be bearing the burden of sponsoring an H1B? The reason I ask is, there's great talent going to big tech because Startups are not in a position to sponsor H1B. Otherwise I myself would love working for a YC startup. Do you think YC and potentially VCs should handle this part for startups just so they can attract good talent? Or are there any other al…

There might be a misunderstanding. Startups can and do sponsor foreign nationals for H-1Bs successfully all the time. There's a prevailing wage requirement but really other than that there's no difference between H-1B sponsorship by large and new/small companies.

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

#60

Post by proberts »

tombert wrote: post #58

Hello! My wife is here on DACA after being brought here illegally when she was eight years old. Due to her illegal entry, we aren't allowed to apply for a green card until she has a legal entry, which is prohibited for 10 years. We currently are working with an attorney that is trying to get her through on a hardship petition (claiming (probably rightly so) that her being deported would be damaging to me (a citizen))…

Without knowing all the facts of course, that appears to the best other option.
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