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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

#262
post #243

Earlier quoted context omitted.

So do you retain priority date on O-1 that we get on H1b? can you please DM me info on how I can reach out to you for next step?

I don't seem to be able to DM... maybe not enough karma? DM me or logan@legalpad.io and I can walk you through a few options.

same problem for me too... fake internet points red-taping real conversations.. :)

Anyway, emailing..

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

#263

Earlier quoted context omitted.

Maybe try doing extraordinary things ?

@maverick how about you try contributing something meaningful to this thread?

The post is literally asking a shortcut to an extraordinary visa when they are ordinary like everyone else.

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

#264

Earlier quoted context omitted.

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 peop…

I think that's an unfair characterization based on citizenship.

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

#265
Hi Peter,

I am a computer science masters student on F1 visa(I am from India) graduating in May 2021. I want to start my own company soon after. Is it possible for me to start my company on OPT? If yes, how can I continue to work after my OPT expires?

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

#266

Do you think the new administration will have an impact on immigration and if so, what do you think will change? My wife and I have been waiting since July on an update to her K1 adjustment of status. Some of that is COVID related issues, but I suspect some of the delay is due to additional processing of the new requirements (e.g. I-944).

To be clear, where exactly are you in the process?

Got married, submitted adjustment of status forms, received notice of action 1, waiting for biometric appointment.

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

#268
post #29

I am from India and we would like to start our operations in US. Are there any other visa options for founders other than H1-B?

If you have an existing company in India, and have been working in it in an executive or managerial position for over an year then look at L1A followed by EB1c. Thats the route I took.

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

#269
post #140

I have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a TN visa. I can choose to relocate any time from January to July. I would like for my wife to be able to work in the United States. My understanding is that if I get on an H1B visa she would be able to get an H4 visa that allows her to work. My question: Since…

Have you considered getting an L1? It would tie you to that company until you get GC, but your wife would be allowed to work under the L2 partner visa.

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

#270
Hi Peter, Thanks for doing this again. My girlfriend is here on an H1B visa and applied for a Green Card but her application has not moved forward in the Department of Labor for 6 months. It is now considered delayed. Is there anything we can do to keep her in the United States? Thanks
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