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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

#151

Hi Peter, thanks for doing this again. My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport. Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions? Thank you!

Yes, departure (to Mexico, etc.) and reentry with both passports is a good option.

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

#152

Hi Peter, if H1B holders who obtained work authorization in 2019 becomes full time student to pursue a MSc for 2 years, graduates in 2023, will that work authorization still be valid for them and allow them to seek employment in the US in 2023? Does it matter if the study happened in our outside of US? Thanks!

As a general rule, they would not be subject to the cap again and could be sponsored by and start working for a new H-B employer at any time.

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

#153
post #81
post #74

Earlier quoted context omitted.

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"?

It was a stressful process with a lot of uncertainty. We had to show language that my job was a "supporting role", which is fairly easy to spin if you're not a Senior or Principal. We also needed to provide my direct supervisor's qualifications. I believe they had to have a degree in a CS related field.

To be clear, because of the lack of a bachelor's degree requirement, the Scientific Technician/Technologist category is a red-flag category and such applications in this category oftentimes are denied.

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

#154
Thank you for hosting another session Peter. I'm an Indian H1-B guy working on an MVP with a green card holder here in California. I'm working for an employer right now, but really willing to jump on my project full time if it shows promise. We're not going to make any income from it until we raise money from VC's so I assume it is safe to keep doing this?

Also, when the time comes, how do you suggest that I jump on it?

There are a few options I have:

- Found a company but be a salaried person on payroll, along with a risk of being "fireable"

- Go with "Unshackled", who would take care of everything for me. Are there any drawbacks with this method that you foresee?

- I also have an option to move on to H4 EAD, but I'm worried because of the flaky nature of this status.

Can you provide some thoughts on these and weigh in on the different gotchas and pros/cons involved?

Thanks a ton!

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

#155
post #73

Earlier quoted context omitted.

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.

All excellent responses. One potential work-around which is becoming a better and better option is to file a petition with USCIS rather than apply in the first instance at the "border."

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

#157
post #81

Earlier quoted context omitted.

It was a stressful process with a lot of uncertainty. We had to show language that my job was a "supporting role", which is fairly easy to spin if you're not a Senior or Principal. We also needed to provide my direct supervisor's qualifications. I believe they had to have a degree in a CS related field.

To be clear, because of the lack of a bachelor's degree requirement, the Scientific Technician/Technologist category is a red-flag category and such applications in this category oftentimes are denied.

Yes, I wouldn't recommend this path if other options are available

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

#159
Hi Peter, thanks for doing this again.

I'm a startup founder from India who'd love to learn more about how to gain access to US capital markets and startup ecosystem. (e.g. Annual VC deal volume in US is typically 25x that of India).

I'd love to know what you think are some practical ways of going about this, any common gotchas etc.:

1. Opening a delaware c corp via stripe atlas, any common mistakes you've seen?

2. For a small bootstrapped business (3. For setting up a remote team: Say that I keep the tech team in my home country, what's the best way to, for example, set up a sales team in the US? (common use case for B2B SaaS)

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

#160
Hi Peter, Thanks for doing this.

Do you think it is likely that the new H-1B rules will be struck down in court?

Also, I am currently on the OPT STEM extension, and will be putting in my third and final H-1B application in 2021. The new rules seem incredibly restrictive. My current salary puts me at the level 3 prevailing wage for software engineer in my area. The new rules would require a ~30% raise in order to qualify for the H-1B. Can my employer re-classify me to a level 1 prevailing wage worker before my H-1B application so that I can qualify? For context, I graduated with a bachelors degree in computer science from a US university in 2018.

I ask, because I work for a startup that would struggle to justify such a large raise.

Thank you

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