Is it possible for someone to create a company in the US and then self-sponsor themselves an H1B?
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.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
111–120 of 349 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#112Hello, can a H1-B holder work permanently in a fully remote US position? Are there any restrictions? Thanks
1. Prepare for USCIS to visit your home. They want to see if you're really working ;). I had someone come and showed her around. Make sure you have a designated "office space" in the house. This was in 2012 or 2013 so I'm not sure if they still do it.
2. Obviously, if you're applying for your green card, then recruitment happens country-wide as opposed to just being in your local zone. At least this is what my lawyers said (again around 2012-2013 :) ).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#113Why 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
#114The re-entry stamp on my passport expired Sep 2020, and I therefore cannot leave the country till I head to a consulate overseas to get the stamp re-issued.
I have 2 questions: 1 - Given the pandemic, is there any way I can get the stamp locally without leaving US soil? 2 - If not, would you recommend I start the process to book an appointment overseas now, or is it wiser to wait?
Thank you so much in advance!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#115Hey 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?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#116Curious on your thoughts on services like SimpleCitizen or Boundless.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#117Hi Peter, I'm an Australian citizen in the US on an H1B, second round. The re-entry stamp on my passport expired Sep 2020, and I therefore cannot leave the country till I head to a consulate overseas to get the stamp re-issued. I have 2 questions: 1 - Given the pandemic, is there any way I can get the stamp locally without leaving US soil? 2 - If not, would you recommend I start the process to book an appointment ove…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#118Hey Peter, Curious on your thoughts on services like SimpleCitizen or Boundless.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#119Earlier quoted context omitted.
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
#120Earlier quoted context omitted.
No. US immigration only comes into play if one will be physically in the US.
From a legal/immigration standpoint, do you have a clue as to why many companies only mention that a remote position is US only?