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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

#71
If I'm starting a company, and I'm in a highly regulated but not well-defined space, how do i find good legal advice on what I need to do to cover my ass? Specifically for me, im trying to identify what's happening with telemedical and telepharmacy.

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

#72
post #49

Earlier quoted context omitted.

Timezone differences remain a problem.

And cultural. It’s non trivial to have a team working cohesively both in India and USA. Even between cities it’s difficult

I have also seen amazing multi-region teams operating on different timezones. Sometimes they work on entirely different projects and sometimes on same stuff but with 24/7 operations so to speak.

Operating in other regions also gives access to large markets outside the US with entirely different markets and legal structures.

Current laws in the US actually force existing companies to look outside more. For newly starting startups, this transition to international might sooner in their journey. Maybe they'll start hiring in other countries in Series B instead of waiting for a series C.

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

#73
post #53

Earlier quoted context omitted.

If I understand the requirements correctly, it's _any_ diploma or degree, plus 3 years of Computer Systems Analyst experience.

I am definitely not a lawyer, but am someone who has done multiple TNs. It is really important to remember that the actual written requirements are one thing, but the interpretation of those requirements by whoever you talk to at your POE are arguably more important. If you end up with a border officer who believes that your degree is not applicable, or your experience doesn't count, it is unlikely that you are going…

100%.

The decision to approve or deny is entirely in the hands of the officer, and I managed to get a NAFTA officer who interpreted the agreement in my favour. It's why so much time and effort goes into the supporting documents.

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

#74
post #70
post #40

Have you seen any issues lately with H1-B/TN visas being granted to technical employees who don't have a degree in CS or software engineering? Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier? (I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ende…

I worked for 3 years on a TN visa with no degree of any kind. My job was a Software Engineer, and my TN was classified as a Scientific Technician. This was 2016-2019

Interesting! Thanks for sharing that. What sort of supporting documents did you end up having, to prove that you were supporting "a professional in the scientific field"?

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

#75

Hi Peter, we have a small startup where our company is located in Bay area, but due to some family I want to reside in Nevada (give up California residency). Is there any residency requirement for H1B ? if I am still being supervised and maintaining employee-employer relationship by reporting to the CEO. The worksite will be remaining same within a couple of 4 hours of commuting distance. I have searched for the resi…

Living and working outside the MSA or the normal commuting distance of the location listed on the H-1B petition would trigger the need to file an amended H-1B petition prior to the move.

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

#76

Is it possible for a russian citizen to apply online for a job in american IT company? I ask because for example amazon doesn't accept online applications because of Russian Server Localization Law [1] [1] https://www.amazon.jobs/en/landing_pages/russian-candidates

Unfortunately, that's not really an immigration law question so I don't know the answer.

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

#77
I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application?

What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?

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

#78

If I'm starting a company, and I'm in a highly regulated but not well-defined space, how do i find good legal advice on what I need to do to cover my ass? Specifically for me, im trying to identify what's happening with telemedical and telepharmacy.

Hire a really good multi-practice attorney or law firm with expertise in that space. Email me and I can refer you some names.

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

#79

Slightly oddball question. For someone who has worked earlier in the US on H1B and now wants to come back as an entrepreneur. What are the choices?

You might be able to revive the H-1B but other than country-specific visas (for Australian, Canadian, Chilean, Mexican, and Singaporean citizens) the standard options are the E-1 treaty trader, E-2 investor, or O-1 visa.

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

#80
Can you file multiple I485s for different EB categories? Or can you withdraw and re-apply for a different category I485 in future? One has a current date of filing but final action is back logged. Another is waiting for I140 approval but will be current when approved for both dates.
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