Live data from Hacker News

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

news.ycombinator.com

171–180 of 273 posts

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

#171
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

Cultural differences are not necessarily bad, and people can adapt and learn how to work together over time.

You cannot change timezone differences no matter what you do.

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

#172

Would you recommend changing an EB2 application for an Indian to an EB3, given that the priority dates have jumped to 2014? My priority date is Sept 2011. Or would you recommend sticking with an EB2 whose priority date is only 6 months away from the new EB2 priority date limit, May 2011?

I think your dates are like a decade in the past.

You should look at the priority dates for Indians before you comment.

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

#173

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?

On an EB2 people like me have decades of wait time to get my GC. I think a sustainable way is to have professors and universities collaborate with H1B employees directly, to allow for them to publish papers and get in via the EB1 route. It won't work for every one, but could work for some and improve their situation and free up the Eb2/3 queues. We already have grants from the industry to universities to do research.…

Isn't the long wait due to the arbitrary cap of something like 50K GC/country/year. Seems like Congress should just fix that as part of comprehensive immigration reform.

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

#174
Hello Peter,

many thanks for taking the time to answer our questions!

Q1) What are the options for an EU freelancer (geographically based and registered in EU e.g. Germany, France, Poland) to contract with an US based company via homeoffice?

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

#175
What's the best way for a hacker to understand legal requirements?

I'm building in crypto, where KYC/AML become the primary challenges for building interesting things, the tech is the easy part.

I typically bootstrap, try to find product-market fit, then grow. But with the legal challenges, it significantly raises the barrier to entry.

As someone who is a project-based learner, used to diving into the deep end, and figuring everything out — what's the equivalent of that in law? Reading old cases? Reading guidelines from the government? With tech so many people say things that aren't true, then you can go try them for yourself and verify — how do you do this in law?

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

#176
Hi Peter, thank you for taking the time to do this.

I'm a Master's student on an F-1 visa thinking about starting a company in the US. I previously did my undergraduate degree here as well.

1. Are there any restrictions to doing so while still a full-time student? E.g. would I be able to form an LLC while still a student?

2. Is there a way to use the STEM extension if you are self-employed? I've seen contradictory information on this.

3. If the answer to 2. is No, what would be the best visa to try to transition to after the first 12 months of OPT? O-1, E-1, or H1-B? Or something else entirely?

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

#178
post #49

Earlier quoted context omitted.

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

Cultural differences are not necessarily bad, and people can adapt and learn how to work together over time. You cannot change timezone differences no matter what you do.

In my experience, cultural differences can be way worse than the timezone differences.

There are true, critical cultural differences between the US and say the middle east, or asia. In some cultures it is really bad to ask questions when something is unclear, it is really bad to take any sort of initiatives, it is really bad to push back on unreasonable requirements.

To me this is the true reason massive out-sourcing failed a few decades ago. It just requires a lot of work to adjust for these differences.

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

#179

Earlier quoted context omitted.

On an EB2 people like me have decades of wait time to get my GC. I think a sustainable way is to have professors and universities collaborate with H1B employees directly, to allow for them to publish papers and get in via the EB1 route. It won't work for every one, but could work for some and improve their situation and free up the Eb2/3 queues. We already have grants from the industry to universities to do research.…

Isn't the long wait due to the arbitrary cap of something like 50K GC/country/year. Seems like Congress should just fix that as part of comprehensive immigration reform.

That's the reason for the wait, yes. Even EB3 is current provided you are not originally from two specific countries.

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

#180

I have a question about EB-2 NIW. I have a Ph.D. (Elec. Eng.) from a non-U.S. university and have lived in the U.S. on a J-2 (dependent) visa; my spouse was working as a researcher at a U.S. university. During that time, I worked (on an EAD) for a U.S.-based R&D company, serving as a principal investigator on Govt. (DoD) funded research projects. I have publications, have served as reviewer for intl. academic journal…

I had mine approved in April (it took 6 months) and I self-filed (no lawyer involved) but I used an online template I bought from a couple who went through the process several years ago (https://www.eb2niw.com/). I am not affiliated with them in any way. You will definitely need letters of recommendation but most importantly you will need to show that you are better than the majority of you peers. For example, you could show how well your work is cited compared to others in the same field. You being a P.I. on a federal grant is a huge plus and I think that already increases your chances significantly. As far as J visa situation goes, I think it's possible to get a waiver but I'm not a lawyer and I was on H1B when I applied so can't speak of it.
Post reply on HN