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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

#62

Can illegal immigrants be hired? There are so many educated illegal immigrants. Which is good for small startups i think

If they have no work authorization, they can't be hired legally. But even talented illegal immigrants, unless they are long-term overstays or have criminal records, can get sponsored for work visas.

What's current USCIS policy, in terms of months, for allowing out of status immigrants to be sponsored for say an H1B visa? 6 months, 1 year, longer?

Thank you in advance!

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

#65

Hi Peter, what does a prospective founder on h1 need to know about starting up with YC? I’m really interested in becoming a founder however i currently work a full time job so not sure how much time I can legally dedicate based on h1. I also worry about the job safety aspect especially given my h1 (i do have an approved I140 if that matters). What would be the path to more flexibility that you have seen founders take…

That's more of a YC question because you have to go all in when you're in YC. From an immigration standpoint, there are ways to find an immigration path participate in accelerators/incubators even if currently in H-1B status with another company.

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

#66
Hi Peter,

thanks so much for doing this! Here is an interesting situation: I live in the US on a J2 visa with my wife being the J1 holder (PhD student at an ivy league). I (German national) founded a startup in my home country and against all my efforts, it's going quite well so far. I'm currently holding the CEO/CTO title.

Assume that we'll raise the next funding round (seed) in the US (the market is just superior) and relocate/incorporate via a C-Corp here.

If my wife and I were to decide that we want to stay in the US for a longer time with a path to become naturalized down the road, what's the best option?

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

#67

A friend recently received greencard through eb3 a month ago. How long is it recommended to stay at the job before quitting/switching to a different employer

That's a case specific question but broadly legally there's no minimum requirement.

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

#69

How can Mexican founders of a Delaware C Corporation establish an office, hire employees, and reside in Texas?

The TN visa might be the easiest quickest option. The O-1 and E-2 also might be options although the timelines are longer and the costs are higher.

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

#70
If I am a Canadian citizen but I don’t have a computer science degree, is my only option to get H1-B?

And can I remotely work for a US company from Canada, given they don’t have a Canadian office, and I would be paid to a US bank account. Would I still need a visa in this case?

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