I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#131

Post by vira28 » Fri, Aug 25, 2017, 4:30 PM UTC

Peter, I am in H1B visa working full time for my employer, but I am also a co-founder with equal equity (nothing on paper as on date) for a startup incorporated in Delaware.

Is it legal to be a co-founder (and own equity) in a startup other than the employer who sponsored my H1B? If yes, what I need to do? Thanks.

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

#132

Post by mrilhan » Fri, Aug 25, 2017, 4:30 PM UTC

proberts wrote: post #122

kudakarkat wrote: post #100

Can a startup hire only H1B holders and no american citizens at all?

No. A startup (begun by foreign nationals) absolutely can hire US citizens.

He's asking if he can hire H1B holders _only_, I think.

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

#133

Post by proberts » Fri, Aug 25, 2017, 4:31 PM UTC

wesleyd wrote: post #76

apsychas wrote: post #45

Earlier quoted context omitted.

Wouldn't the wife have to move to the US within six months once she's approved for the green card?

I recently learned about "commuter" green cards, which let folk live in Canada or Mexico: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0...

That's a good summary but essentially one needs to demonstrate frequent and regular trips to the US for employment to qualify.

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

#134

Post by proberts » Fri, Aug 25, 2017, 4:31 PM UTC

kreeWall wrote: post #63

proberts wrote: post #52

Earlier quoted context omitted.

Unfortunately, that would be viewed as work and since it's outside your friend's field of study, it would not be allowed.

Do similar restrictions apply once H1B is granted?

Yes.

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

#135

Post by lauragomez1 » Fri, Aug 25, 2017, 4:31 PM UTC

Hi Peter, I'm on a L1B visa, i.e. I'm an intracompany transferee. Can I work for other companies in the future? What would the visa process be like? Thanks!!

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

#136

Post by mars4rp » Fri, Aug 25, 2017, 4:31 PM UTC

adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

survival bias?

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

#137

Post by ottoid » Fri, Aug 25, 2017, 4:32 PM UTC

proberts wrote: post #113

adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

Good point and depending on country of nationality, the odds can in fact be pretty good.

Having been born in Oman, a country with historically low rates of immigration to the United States, I have never won in years of applications.

Are the odds still good?

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

#138

Post by michaco33 » Fri, Aug 25, 2017, 4:32 PM UTC

Hi Peter,

I held an H1B from 2012 to September 2015.

If I were to look for visa sponsorship again, am I cap-exempt because of my previous H1B?

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

#139

Post by adamnemecek » Fri, Aug 25, 2017, 4:32 PM UTC

mars4rp wrote: post #136

adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

survival bias?

I knew them when they were on their previous respective visas too.

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

#140

Post by proberts » Fri, Aug 25, 2017, 4:33 PM UTC

quanglam2807 wrote: post #9

Hi Peter, I am a Vietnamese student studying in the US with the F-1 visa. Recently, together with my American partner we opened a startup using Stripe Atlas. The visa doesn't allow me to work in the US so I'll go back to Vietnam in the next four months to work on the product. But when I go back to school, what is the best way for me to work legally? I know I can apply for OPT but it would take me up to three months t…

There really isn't unless you wanted to abandon the F-1 visa altogether and move to the O-1 which would allow you to work full-time and go to school part-time.