Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?
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
#62Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues. I don't plan to move to the US, but my startup operates in the US market…
What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on g…
Well, that's life. Thank you so much—at least now I know my chances.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#63Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?
There is no cap on number of attempts. I think the 3 attempts you are referring to is the 3 year OPT after you graduate with a degree, companies usually try to sponsor during those three years while you're employed with them.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#64[dead]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#65Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues. I don't plan to move to the US, but my startup operates in the US market…
What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on g…
Just to chime in, what's the situation with getting an H1B visa for a Russian Citizen? Are there similar issues or is it still possible to get one?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#66Earlier quoted context omitted.
Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.
Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.
Immigration policies primarily govern residency, no? If you're not a resident of the US, any laws that apply to you would likely fall under employment or commerce, not immigration.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#67Once I get the O1 visa, what paths are available to aim for a green card?
If the company with which I applied for O1 goes bankrupt what happens to my visa status?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#68What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#69I'm not sure if this is appropriate for this thread, but: I'm a Singaporean, and we have access to the H-1B1 visa.
If asked whether I need a visa in a US job application, would it be fine to say "no"?
How should I explain my situation, given that most people might assume that hiring non-US candidates would require participation in the H-1B lottery?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#70Good morning,
I am a dual US / Canada citizen and currently living & working in the US.
I am looking into moving to Canada, and was wondering what kind of issues I could run into if I wanted to continue working for the US company while living in Canada.
I am working for a small sized start-up, and I am pretty certain they have no experience in this kind of thing, so I wanted some more info before breaking the ice.
Thank you