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

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

#281

Post by proberts » Sat, Apr 04, 2020, 8:54 AM UTC

rubberbandtight wrote: post #225

Hey Peter I’m about to start a company with 2 other founders. I’m on h1b with a different company today. I need to get my h1b transfer approved before starting at the startup. The New company is about to get funding and then it will file for my h1b transfer. How can I get founders stock? Can the company grant it to me in a few weeks/months once my h1b transfer is approved? The company will obviously be formed by then…

I'm sure you know this but just to be clear you could start working for the new company based on the filing of the H-1B petition alone and without premium processing, it could be many months before the petition is reviewed (and hopefully approved). But yes, you can receive stock as long as you are not receiving it in exchange for services rendered (at least not until you are authorized to work for the company). My expertise is limited to US immigration law so I can't comment on your tax question.

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

#282

Post by proberts » Sat, Apr 04, 2020, 8:55 AM UTC

fernandogrd wrote: post #209

Could receiving coronavirus aid make peoples lives harder if they try to apply for a green card in the future? Like it seems it is if one makes use of medicaid or other public benefits.

Under present law, no.

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

#283

Post by proberts » Sat, Apr 04, 2020, 8:58 AM UTC

notlefthanded wrote: post #226

Hi Peter, I'm a Canadian working in the US on a TN. I have an H1B petition that was selected by lottery and processed for an out of country status change; I haven't activated it at this. Is it possible to change employers to a comparable role with just the accepted petition? Otherwise is it possible to change from a TN status to an H1B status -- despite the out of country filing -- without having to travel, given the…

If you haven't yet worked in H-1B status for your initial H-1B employer, then almost certainly you would need to go into the lottery again to work for another H-1B employer. Regarding switching the approved petition to an in country change of status petition, the employer would need to file an amended H-1B petition.

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

#284

Post by proberts » Sat, Apr 04, 2020, 9:04 AM UTC

chussad wrote: post #251

advisedwang wrote: post #246

Earlier quoted context omitted.

If the job is substantially similar, you may be able to use supplement J portability.

This is a self filed petition and I believe that i485 j is not required to be filed.

That's correct, if this is a self-petition, then Form I-485J is not required. Is your self petition an EB1A or NIW? My response to your questions depends in part on your answer to this question.

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

#285

Post by proberts » Sat, Apr 04, 2020, 9:10 AM UTC

JKSingh12 wrote: post #237

I recently moved back to India after my L1 renewal my was denied and just got a place in this years H1b lottery through masters cap with degrees in bio/bioenegineering. I work in sales/account management for a large MNC (CTSH) and am concerned that because my role is non-technical my chances are slim, and looking at the companies recent applications there have been many denials although they also have the most grante…

Sales and marketing positions are tough from an H-1B approval standpoint and I am sure that is why the company's lawyers are trying to position the job as something more technical given your background. Unfortunately, beyond this, it's really hard for me to comment without doing a full analysis of the offered position, your educational background and work history, the educational backgrounds of those in the same or similar position with this company, and the company's hiring practices for this position and similar positions over the years.

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

#286

Post by proberts » Sat, Apr 04, 2020, 9:13 AM UTC

firstfewshells wrote: post #260

Hi Peter, Thanks for doing these. If someone is on an H1B visa and is in their last year with less than 10 months remaining with no I-140, what options do they have if they aren't able to get their I-140 approved by the end of their H1.

Is there an underlying PERM application? If so, when was this filed? If not, when was the I-140 petition filed?

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

#287

Post by proberts » Sat, Apr 04, 2020, 9:13 AM UTC

prpl wrote: post #218

Hi Peter, Is there any risk in filing for adjustment of status in another area to speed things up? Are there any rules/residency requirements in doing so? It appears the Texas service center, for example, has been processing cases ~3 months faster than the California service center.

Would this be a marriage-based or employment-based green card application?

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

#288

Post by proberts » Sat, Apr 04, 2020, 9:16 AM UTC

dkochmex wrote: post #224

Hey Peter, I am a German citizen living in Mexico who has been to Iran since 2004. As a result, I am ineligible for ESTA and had to apply for a visa. But its now been in processing with the embassy in MX for 1.5y. What would you advise me to do?

Once US Consulates reopen, I would contact a Congressional representative to make an inquiry with the US Embassy. Unfortunately, it's not uncommon for US Consulates and Embassies to fail to take action on these types of applications and effectively deny them.

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

#289

Post by proberts » Sat, Apr 04, 2020, 9:17 AM UTC

nojvek wrote: post #253

proberts wrote: post #199

Earlier quoted context omitted.

All Embassies are still open; they're just on significantly reduced staff and only handling very limited matters but if you can't reach anyone, contact your Congressional representative.

OP Please do report if congressional representative even picks up the phone. I imagine everyone is now knee deep in pandemic related issues.

Yes, I've spoken with them recently as have a number of my clients. And one of their focuses now is to help US citizens and their families who are abroad.

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

#290

Post by proberts » Sat, Apr 04, 2020, 9:19 AM UTC

VintageLight wrote: post #266

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.

I can't comment on the second question but the response above is correct, the answer in part will depend on the cofounder's country of citizenship - as well as residence.