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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

#101

Why is the process constructed in such a way that a person is unlikely to be successful at immigration on their own? It seems like a form of gatekeeping that is kept out of the law but still applies in real-world scenarios.

Good question. Some processes are easy but the temporary work visas are confusing.

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

#102

Hey Peter! Thank you tons for your contributions here! I'm an Indian in the US on an H1B visa and working in software. I've also made a product for fun on weekends (which my company knows about and approves of). I was thinking of opening access to it for the world, but as it'll involve substantial costs on (cloud) infrastructure, I'll have to ask people to pay for usage on it. I don't plan to profit from this in any…

Could you open up donations for the project instead?

"Donations" in most contexts are just income with no expectation of a product in return. e.g. twitch donations, patreon donations

PayPal had to explicitly ban the use of the word "Donation" for non-tax-exempt companies for instance.

I don't think calling the contributions donations will change much and it may actually complicate the payments for tax reasons.

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

#103

Earlier quoted context omitted.

Strictly speaking, no, self-sponsorship is prohibited in the H-1B context. But if you have cofounders, own less than 50%, set up an independent board, etc., it could work.

If the cofounders are family members(w US citizenship) would it raise red-flags for collusion?

Not so much collusion as concerns about whether they are really independent of the foreign national cofounder.

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

#104
Hey Peter - wanted to let you know that all of the non-Indian managers are being pushed out of my organization and I’m probably next. Hope you think about the impact on the people who built this country, instead of those here temporarily to lower corporate labor costs.

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

#105
Why are universities allowed to have an unlimited amount of students in the F1/OPT phase when there are obviously limits to the h1b lottery and yearly spots available?

Should universities be limited to the number of international students that aligns closer to visas availability each year?

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

#106

Hey Peter! Thank you tons for your contributions here! I'm an Indian in the US on an H1B visa and working in software. I've also made a product for fun on weekends (which my company knows about and approves of). I was thinking of opening access to it for the world, but as it'll involve substantial costs on (cloud) infrastructure, I'll have to ask people to pay for usage on it. I don't plan to profit from this in any…

It is a gray area but I don't see any issue if you release it for free. Getting paid, even if to cover your expenses, is more problematic, however. I wouldn't say it's a complete non-starter but it would have to be structured very carefully and properly to avoid crossing any lines.

I would love to know more if you have pointers as well. I always assumed it was a no-go and released a few apps for free over the years.

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

#107

If I am indicted in a criminal case, but not convicted, will it affect my ability to renew my green card? (I'm here legally on a 10 year green card)

The facts definitely matter and it will need to be disclosed when you renew your green card but generally - very generally - an arrest without a conviction doesn't impact a renewal (although it could impact an application for citizenship).

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

#108
My company has been struggling to process visas through their immigration vendor, based on my experience I don't trust the vendor they use, as they won't even check the spelling of your name. Am I overstepping if I hire an attorney to triple check the paperwork on my side and make me some recommendations?

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

#109
Hi Peter, thanks for taking the time to do this.

My question is similar to the one from @sunir. I'm a UK resident and am going through the process of starting up a US-based company with a US co-founder.

I plan to travel in to the US for periods of time to meet with my co-founder and attend trade shows (likely being in the country anywhere from a few days to a week or two).

Is there any reason why I shouldn't be able to do this under the normal Visa Waiver Program which the UK participates in? Is there a scenario where I should be planning for something like a B-1 Visa?

Finally, is there an online resource you'd recommend (other than the normal government websites) which outlines these options and things to consider regarding this type of travel?

Many thanks!

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

#110
Hey Peter! I'm a co-founder of a US C-Corp, and recently, we had been asked if we sponsor / can help re: H1B. This is something we'd love to do but we have no idea where to look to figure out what the process is, what the costs are, or if we can even do it as a small company. Do you have any recommendations re: helpful reading?
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