Hi Peter, nice to meet you. I am currently on STEM OPT with expiration being July 2026. What is the best backup path if I don't get the H-1B lottery in the next two years, O-1A or EB-2 or other? Priority date is 1.5 years for EB-2 so would it be advisable to have the company I work for to sponsor this? Thank you!
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
#72Is it possible, as a Canadian with an engineering degree, to work 3 days in-office from the USA and 2 days remotely from Canada? Ideally, it'd be nice to have a US salary and live mostly in Canada.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73Can an Iranian citizen register a Delaware corporation and operate in the US?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75I'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?
Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76A small word of warning: I'm speaking with brutal honesty, extreme language is used (unfortunately I have to, it's the truth). Throwaway for obvious reasons. I tweaked the parameters a bit, it's representative of my case but not my actual case.
I'm going for a CR-1 visa. I married the love of my life a month ago. We knew each other for a year when we married. I thought it'd be fine but I gave it some more thought and I'm a bit worried.
My worries:
* I had suicidal ideation and did visits to a psychiatry center once per week for a month until I was fine enough according to them. I have never physically hurted myself. I never planned it. My issue was that I felt a strong urge to plan it, and I didn't want to cave in which I didn't thanks to the psychiatry center. In retrospect, I realized I was in a really toxic relationship, once that was gone there was no suicidal ideation left.
* I do have an autism diagnosis that I got a few months ago at the age of 36.
* My employment history is checkered. My last employment was almost 2 years and then the tech layoffs hit, so outside of my control (second round of layoffs too).
Good things:
* My education is top notch with high marks, I even published a paper
* No criminal record
* 50000$ in the bank
* Coming from Sweden
* My wife has a stable job for 4 years, no criminal record, university educated, etc. (I don't think there are any issues there)
Will the suicidal ideation episode, autism diagnosis and checkered employment history be an issue for the CR-1 visa when I get my medical?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77I'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?
Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.
It's not fine to say No because even though you might qualify for the H-1B1 visa, this requires employer sponsorship; the H-1B1 visa is to work for a specific employer.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Good morning Peter! I don't mean to get political, but do you anticipate any changes in the H1b process based on whoever wins the upcoming election? I've heard there were significant difference between the past two admins and that could play out again.
No worries. I just discussed this in response to another question.
Can you link to your previous comment in the future?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79What 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)?
There are multiple options to working for your own company in the U.S. The most common paths are the O-1, the L-1, and the E-2 and E-1 visa. Creating a company in Germany first might open up a path to an L-1 visa but that's the only relative advantage to opening a company in Germany first. The E-1 and the E-2 require that the U.S. company be at last 50% German owned and that there be a substantial investment of German money into the U.S. company or substantial trade between the U.S. and Germany via the U.S. company. The O-1 is based your own personal achievements. If you can have German invested into the U.S. company (whether from you or others or both), which generally means at last $100k, then the E-2 is a very good and easy option and relative to the O-1, allows spouses to work.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80I'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?
hey fellow singaporean - you may enjoy my h1b1 guide https://www.swyx.io/h1b1
most impt thing to note is that while you do still need a visa sponsor, it is a LOT easier and cheaper for you and yes ive had a job where i paid for my own visa lawyer, and only needed simple docs from the company (which was ~10 people at the time if that helps). didnt turn out to be a GREAT job ofc but thats separate.
dont ask me how to get a job in the us from singapore tho. if ur applying thru the "front door" as u seem to be doing, yes its harder. lots more back door options but you'll have to network well to do it (i recommend https://swyx.io/LIP)