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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

#231

Post by maddynator »

proberts wrote: post #167
maddynator wrote: post #159

I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card. Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years…

It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.

thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly.

Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?

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

#232

Post by proberts »

throwawayquest wrote: post #119

Hi Peter, is it possible to get a L1 visa if I don't have a degree but been at the company for more than 5 years in a European office?

Yes. There are two options: via a blanket L-1A visa application as a manager (the blanket L is available to relatively large global companies) with a US Consulate or via an L-1B petition as a professional/specialized worker with USCIS.

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

#233

Post by sushshshsh »

ilarum wrote: post #138
sushshshsh wrote: post #70

Earlier quoted context omitted.

My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now. Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.

You don't need to leave the United States to renew your passport. Your country's embassy in the US can do it for you.

Not the Chinese one apparently

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

#236

Post by proberts »

emmajohson wrote: post #86

Hi Peter - thanks so much for taking the time. How quickly do administrations tend to impact the flow of immigration to a country? ie. if Biden were to relax some of Trump's policies, how soon could you expect people from Europe etc. to be able to start taking advantage of that. Know it's hard to gauge but would be great to hear from your experience with previous administrations.

My understanding is that all or nearly all immigration actions taken by the Trump Administration via executive order will be undone by the Biden Administration very quickly if not immediately including the travel and visa bans. So, the only obstacle - which is a major one, however - is the pandemic and the corresponding very limited operations of US Consulates around the world.

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

#237

Post by proberts »

marvindanig wrote: post #63

I have a tech cofounder who lives abroad. How easy/convoluted would it be for him to come to the US through L1 sponsorship? Does it even make sense?

That will depend on several factors, including how long he has been employed by the company abroad, the number of people employed by the company abroad, and the number of people employed by the related company in the US, among other factors. Oftentimes, for startups and small companies, an O-1 makes more sense initially.

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

#238

Post by dvishal »

loganu wrote: post #166

You can move to an O-1 or other visa, if you want to move from H-1B employer to doing your own thing. Since you've got a priority date already, you can keep that when you move to the new company, so the wait isn't completely lost. I've helped 10ish founders go from H-1B employees to being a founder on O-1 this year, would be happy to chat through the playbook.

Can you please share more details for h1-o1 conversion?

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

#239

Post by proberts »

Andre84 wrote: post #112
exhibitapp wrote: post #62

Hi Peter, is it possible/how difficult is it for a Canadian to set up a Deleware corp?

Hi You may easily form Delaware corp with clerky

That's right, it's very easy in the US to set up a company and many founders use Clerky.

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

#240

Post by proberts »

mkinom wrote: post #27

What is the best route currently for someone on the H-1b visa to startup in the US? Is raising VC funding a necessity?

That will depend on a number of factors, including country of citizenship and the amount and origin of any funding. There are visas specific to certain countries and these are always the ones to look at first because they are often the easiest to obtain. Other potential visas include the E-1, E-2, and O-1. And sometimes it just makes sense to remain employed by the founder's current H-1B employer and file a concurrent part-time H-1B through the startup, which at least allows the founder to work openly and with valid work authorization for his or her company.
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