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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

#111
post #90

Is it possible for someone to create a company in the US and then self-sponsor themselves an H1B?

Strictly speaking, no, self-sponsorship is prohibited in the H-1B context. But if you have cofounders, own less than 50%, set up an independent board, etc., it could work.

By an independent board do you mean that the H1B holder cannot themselves be on the company's board? Re: 50% ownership, is 50-50 split OK, or does it have to be less than 50?

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

#112

Hello, can a H1-B holder work permanently in a fully remote US position? Are there any restrictions? Thanks

This is my experience (not legal advice, ymmv, etc, etc.). I have done this when I had an H1-B. I was classified as remote. There are two implications:

1. Prepare for USCIS to visit your home. They want to see if you're really working ;). I had someone come and showed her around. Make sure you have a designated "office space" in the house. This was in 2012 or 2013 so I'm not sure if they still do it.

2. Obviously, if you're applying for your green card, then recruitment happens country-wide as opposed to just being in your local zone. At least this is what my lawyers said (again around 2012-2013 :) ).

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

#113

Why are universities allowed to have an unlimited amount of students in the F1/OPT phase when there are obviously limits to the h1b lottery and yearly spots available? Should universities be limited to the number of international students that aligns closer to visas availability each year?

Those are interesting questions which I don't know the answers to but I suspect that if there were OPT quotas, a drastic reduction in the number of international students would result.

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

#114
Hi Peter, I'm an Australian citizen in the US on an H1B, second round.

The re-entry stamp on my passport expired Sep 2020, and I therefore cannot leave the country till I head to a consulate overseas to get the stamp re-issued.

I have 2 questions: 1 - Given the pandemic, is there any way I can get the stamp locally without leaving US soil? 2 - If not, would you recommend I start the process to book an appointment overseas now, or is it wiser to wait?

Thank you so much in advance!

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

#115

Hey Peter! I'm a co-founder of a US C-Corp, and recently, we had been asked if we sponsor / can help re: H1B. This is something we'd love to do but we have no idea where to look to figure out what the process is, what the costs are, or if we can even do it as a small company. Do you have any recommendations re: helpful reading?

The short answer is almost certainly yes, you should be able to sponsor someone for H-1B status. Certain things need to be in place but these are minimal.

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

#117

Hi Peter, I'm an Australian citizen in the US on an H1B, second round. The re-entry stamp on my passport expired Sep 2020, and I therefore cannot leave the country till I head to a consulate overseas to get the stamp re-issued. I have 2 questions: 1 - Given the pandemic, is there any way I can get the stamp locally without leaving US soil? 2 - If not, would you recommend I start the process to book an appointment ove…

There is an option to renew by mail which many Australians took advantage of during the pandemic.

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

#119

Earlier quoted context omitted.

If the cofounders are family members(w US citizenship) would it raise red-flags for collusion?

Not so much collusion as concerns about whether they are really independent of the foreign national cofounder.

Independent in what way? Capital, expertise or not sharing any family ties at all?

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

#120

Earlier quoted context omitted.

No. US immigration only comes into play if one will be physically in the US.

From a legal/immigration standpoint, do you have a clue as to why many companies only mention that a remote position is US only?

Companies will have to setup a local entity in your country of residence to pay you.
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