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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

#181

Post by truthseeker006 »

proberts wrote: post #87
truthseeker006 wrote: post #19

Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?

Unless there was a finding of fraud or misrepresentation, the previous denial shouldn't impact your F-1 visa application; the requirements/standards are different. That being said, because so much is at stake for you, I would recommend that you get an attorney involved. It should just involve one or two consultations so the cost shouldn't be much.

Thank you so much!

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

#182

Post by proberts »

negrit wrote: post #82

Hey Peter.

The details matter (the type of green card application, the green card category, the position held then, the new position, etc.) so it's impossible for me to comment. You should schedule a consultation with an immigration attorney.

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

#185

Post by proberts »

PureSin wrote: post #114

Hello, I'm currently on an H1B waiting on my priority date (I'm Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year. Should she switch to H4 EAD under my H1B instead of renewing her TN?

She has not filed a green card application so she probably won't have an issue renewing her TN but if CBP or USCIS connects her to you, questions might be raised about her intent which could undermine her ability to renew her TN. So, yes, an H-4 EAD would be safer (unless the current administration kills this benefit).

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

#186

Post by [deleted] »

proberts wrote: post #158
niyazpk wrote: post #148

Hi Peter! Given YC asks founders to apply for a batch just a few weeks (or months) before each batch starts, I am wondering if you run into issues with timing. Do you see issues with visa delays etc, that can cause founders to miss their batch?

Most consulates are willing to schedule expedited appointments for YC founders but still if you are an applicant for an accelerator and don't have a B-1 visa and are not from a visa waiver/ESTA country, then at a minimum, you should book a visa application appointment now.

[deleted]

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

#187

Post by proberts »

jeffbee wrote: post #175

As a practitioner do you feel that it was a waste of time to have studied the law? As you say, it is "rapidly changing", meaning the jurisprudence may not have been as majestic as students were led to believe.

The main thing you learn in law school is not the substantive law but how to analyze facts and issues and to understand the law and its application to specific facts.

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

#188

Post by narenkeshav »

proberts wrote: post #110
narenkeshav wrote: post #23

Hey Peter, On average, min and max - how many H1Bs do a Seed/Series A,B startups have? From your experience. Thank you for your time, Naren

I'm not sure I understand what you are asking. Do you mean the average per startup or the total number? All I can say is that startups usually can sponsor H-1Bs without issue.

Thank you for responding, Peter. Total number.

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

#189

Post by debarshri »

proberts wrote: post #94
debarshri wrote: post #38

I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based. What is the best option i have? Is E2 an option?

An E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good round of seed funding, you might qualify.

Would fund that we have raised count as investment in E2?

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

#190

Post by proberts »

asadm wrote: post #60

Would you recommend travel for GC holders in these coming months? How likely is that travel ban.

If there is a travel ban, then the specifics of the ban will matter (countries impacted, whether LPRs and citizens are exempt, etc.) but absent a travel ban, I still think it's fine to travel. Just be prepared to have your devices searched and your political views questioned.
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