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

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101–110 of 336 posts

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

#101
post #91

Hi Peter, my SO is going to the US to pursue her PhDs. She's on the F1 visa, so even as her spouse I would not be able to work there on F2 visa (if I understood it correctly). I am finishing my masters next June, currently working full time. Is it realistic for me to expect to get H1B as someone with only master degree and 18months full time work experience? Is the $130k/y limitation coming to force any time soon? Is…

I have seen a lot of folks like you who come on F2 and manage to get a job. If your experience is relevant to your field you will find a job but you have to display a certain level of skills to get one. All the best

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

#102
post #91

Hi Peter, my SO is going to the US to pursue her PhDs. She's on the F1 visa, so even as her spouse I would not be able to work there on F2 visa (if I understood it correctly). I am finishing my masters next June, currently working full time. Is it realistic for me to expect to get H1B as someone with only master degree and 18months full time work experience? Is the $130k/y limitation coming to force any time soon? Is…

[deleted]

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

#103
post #35
post #11

Earlier quoted context omitted.

I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members. He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he…

Did he overstay? I don't understand how people can run into trouble with H1B visas.

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

#105
Hi Peter, thanks for doing this AMA. I'm from India. Have used all 6 years of H1b, including the recapture time, and back on F1 visa status with pending CoS (second masters degree in US). I'm working on a few startup ideas, mostly based on Apps. I was hoping for IER, but that seems to be in a limbo.

What are the chances for a founder of a yet to be funded startup to get EB1A? or would you suggest O-1?

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

#106

Everything I read about US immigration seems to indicate it's next to impossible and unless I'm some kind of mythical "10x developer", companies wouldn't bother with the visa process. Is that accurate? I have friends actively avoiding applying to US companies because they think getting a visa is impossible. What should I tell them? Is there a type of visa that's more friendly to foreign engineers?

Your right, unfortunately it's tough unless one is from a country with a specific visa (such as Australia, Canada, or Mexico) or is being transferred on an L-1 visa to a related entity in the US.

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

#107
Hi on the topic of visa mobility-

I am an e2 visa holder from a mid sized company. What are the options for moving on to my own startup? Is the green card process the quickest route? E2 doesn't allow me to work on a side business, but can I incorporate and not pay myself a salary ?

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

#108
Hi Peter, thanks for this AMA.

Just because the information isn't perfectly clear: how long can a green card be renewed for? I got mine a couple years ago, but I have to wonder how long it gives me to stay in the states beyond the 10 year term on the card. Is it really 'permanent' or does the renewal problem have any challenges?

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

#109

Hi Peter, thanks for doing this AMA. I'm from India. Have used all 6 years of H1b, including the recapture time, and back on F1 visa status with pending CoS (second masters degree in US). I'm working on a few startup ideas, mostly based on Apps. I was hoping for IER, but that seems to be in a limbo. What are the chances for a founder of a yet to be funded startup to get EB1A? or would you suggest O-1?

Again, it's hard to say in the abstract but as a general rule, an interim O-1 makes more sense since this allows you to build up your company and then use the company's success for your EB1A application.

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

#110
post #108

Hi Peter, thanks for this AMA. Just because the information isn't perfectly clear: how long can a green card be renewed for? I got mine a couple years ago, but I have to wonder how long it gives me to stay in the states beyond the 10 year term on the card. Is it really 'permanent' or does the renewal problem have any challenges?

It's really permanent unless one commits certain crimes or lives abroad for an extended period of time without taking certain protective steps beforehand.
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