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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

#261

Post by ublaze »

phakding wrote: post #256
anish_m wrote: post #249

I'm on H1B trying to start a company. I have been working in USA for 10 years now and was on H1B the whole time (Born in India). What are my options to start a company? I have a co-founder in mind in similar situation with H1B visa. How much money should I raise to be able to sponsor H1B for my own company?

As another guy from India who was on H1B and started a company. You can start a company but you may not work for it. You can attend the board meetings and that's the extent of your involvement. If you do anything, even clean the floors of the office you are technically breaking the law as your h1b allows you to only work for the employer that sponsored your Visa.

How do they enforce these things? I'm sure if you do something silly like show up in the company's payroll you'll suffer consequences but this rule is pretty nuanced.

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

#262

Post by kaisix »

droidno9 wrote: post #179
kaisix wrote: post #134

This may appear as off-topic compared to other questions here. I am interested to know what software you use as part of your daily work. So, what software do you use and what piece of software is missing for attorneys ?

Take a gander at this report by the American Immigration Lawyers Association, it may answer some of your questions: https://www.aila.org/File/Related/The_Future_of_Immigration-... Specific to immigration, two platforms commonly used by high-volume immigration practices are INSZoom and LawLogix.

Thanks !

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

#264

Post by swyx »

Hi Peter! thanks for doing this!

I'm a Singaporean. The crisis caught me at an inconvenient time - I'm in the middle of switching jobs, and had just flown back to Singapore to get my next H1B1 visa. However now the US Embassy has stopped regular processing of visas. So I'm supposed to start work on Monday but I don't have a visa. Since we have no idea how long this thing is going to last... Is there something I can do online? Should I ask my employer to hire me as an international contractor first while we wait?

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

#265

Post by iska3005 »

Greetings, Peter!

I had to leave US while in the process of asylum decision pending (right after the interview), and flew back to my country. (My Mom was critically ill, doctors suspected COVID19, and I'm the only close relative) (Left using my passport)

My asylum got approved while I was outside US. What is the right way to re-enter US in this situation?

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

#266

Post by VintageLight »

losdos wrote: post #222

For a US citizen who decides now to launch a startup and apply (late) to YC that includes a cofounder that is NOT currently in the US and NOT a US citizen, what steps would you recommend be taken to get them here before interviews / acceptance / start date? (Probably not possible now, I assume) Also taking into consideration the comments some have had regarding a potential "remote" YC 2020 summer batch...may it not m…

Not Peter, but I imagine it would depend on the nationality of your cofounder.

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

#267

Post by VintageLight »

Jschnare22 wrote: post #69

Peter, thanks for your time. We recently interviewed a master's student from a local university for a position with our company. She's an international student on an F-1 Visa, and she was initially hoping to join the team as an intern. It does not look like an internship will be approved until she finishes the first year of her program (OPT requirement, I believe). Can you offer any guidance on her eligibility to wor…

CPT is a great option because it is a quick approval process only involving your school's advisors (only weeks vs months for an application to USCIS/DHS). The downside is that you need to be able to enrol in an internship course that is necessary for your degree, and pay the tuition.

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

#268

Post by karanbhangui »

xriddle wrote: post #217
proberts wrote: post #212

Earlier quoted context omitted.

There are a handful of TN occupations that don't require a degree but given your background, it sounds like you might qualify for an O-1 and this doesn't require a degree.

Last follow-up reply- I promise....How would someone like myself go about demonstrating their eligibility for and O-1? Would someone in my position look for a job first and then have the hiring employer worry about this or is this something I should do on my own before applying to jobs? BTW thanks for being generous with your time and doing all this.

Hey fellow Canadian! Happy to answer questions about O1 process. Mind emailing me? Address in my profile.

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

#269

Post by VintageLight »

agilebyte wrote: post #73

Immigrating to US under NAFTA (Computer Analyst) with a Computer Science (not Engineering) degree doing software development. Do people still use this route? What's the success rate now do you know?

I went across the Canadian border for a TN1 last week via a pre-clearance office at a Canadian airport. There were no problems--business as usual.

There are denials at the land border due to COVID, though travel for work is considered essential travel.

The application for a TN2 for Mexican citizens is another story. I've heard those are all on hold.

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

#270

Post by VintageLight »

PopeDotNinja wrote: post #229
ashortz26 wrote: post #228

One of my two co-founders is Canadian. He has just been "visiting" very frequently, but it's a constant concern. What is the best way to start the process of trying to get him here to the US, legally? We have already raised some VC money from US-based investors (not sure if that helps at all). Thanks!

Does he qualify for a TN visa?

You must be an employee for the TN visa. As a founder, he would not qualify.
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