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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

#131

Post by proberts »

conanbatt wrote: post #36
ramadis wrote: post #9

My country (Argentina) has a lottery(esque?) approach to giving work visas for the US, so basically: even with company support, work visas are subject to probability (~30% chance of getting it for a given year). Do you have experience, or do you know, how companies handle hires from countries with this methodology? Thanks for doing this AMA!

It's not argentina that has a lottery, it's the US. Thats the H1B process. That is also suspended for this year.

The next H-1B lottery will take place in March 2021. The proclamation suspended the issuance of new H-1B visas; the lottery hasn't been affected and those in the U.S. seeking to change their status to H-1B or extend their H-1B status haven't been affected.

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

#132

Post by basicsbeauty »

rohindaswani wrote: post #129

Hi Peter, I'm an Indian citizen who's working with a startup in the Bay Area. I'm applying for EB-3 (the company is applying) and EB-1 (through another law firm) simultaneously. Are there any concerns with timing?

How are you applying for EB-1?

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

#133

Post by vishalkuo »

I've anecdotally heard that it's possible to go from a TN -> Green Card. Light googling is pretty mixed on the subject; one side takes the stance that it's strictly not possible and the other says it is, but a risk.

Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?

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

#134

Post by neosat »

proberts wrote: post #87
justaguyhere wrote: post #6

If someone on H1b wants to create a business, a non profit, or just wants to freelance - what are the options available to them?

There's no option to freelance while on an H-1B visa and the options to work for another entity concurrently - that is, to get paid by another entity - are very limited and self-employment is generally prohibited. That being said, preliminary steps to create a business or to volunteer for a non-profit are allowed.

Thanks! Can you please provide any further links (or keywords to search for) regarding the 'preliminary steps' that are allowed?

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

#135

Post by wenc »

ska wrote: post #122
proberts wrote: post #83

Earlier quoted context omitted.

There are no US immigration requirements to work remotely for a US company - that is, you don't need a visa or work authorization - but to work in the U.S, work authorization would be required and the J-1 won't be available again until January at the earliest.

A thought: are TN "visa's" still available at this time? I know in the past some people have used them for co-op, but unclear if that was really by the book as it's unclear if they meet the education requirements. edit: I really shouldn't have said "education requirement" - it's a job categorization, so education is only supporting evidence that your job meets the criteria.

For Canadians, TN-1's are not visas but statuses adjudicated at the border (they're typically just I-94s linked to passports), so they never "run out" as such (no quota).

However the TN is a status for restricted NAFTA (USMCA) professional categories, and typically requires proof of qualifications (in this case, education). I could be wrong, but an undergrad intern typically does not fit these categories. I'm surprised people have used it for co-op.

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

#136

Post by proberts »

klaudius wrote: post #21

Question about E-2 visa (investor visa)... If I create a US company from abroad and start making money, can that revenue in US bank account be counted as investment? Or should I transfer the money back home and then reinvest in US business?

No, that would not count as an investment for E-2 purposes. The money needs to be controlled/owned by a citizen of that country or a company owned by citizens of that country and then invested into the U.S. company to be counted.

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

#137

Post by the_h1b1 »

techCEO4356 wrote: post #127
taken_username wrote: post #84

Earlier quoted context omitted.

What is sad about this comment is how the author define and American. USA is a country that is built by immigrant (I am not talking about the CEO of big tech companies, I am talking about your grand-grand parents who came here a few generations ago) How do you justify the people who let you ancestors to immigrate there being Americans whose work... (replace the rest with your own comment!)

Your barely legible english is pretty much making OP's point.

Do you have a copy of the post content by the poster above thecreamedcorn?

Will be quoting it for context.

It's very annoying when a post gets flagged and becomes hidden and not even viewable.

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

#138

Post by [deleted] »

proberts wrote: post #42
tequila_shot wrote: post #32

Earlier quoted context omitted.

I think along with the physical office, you also have to post it in journals/job boards etc., I think it should not be impacted, but will wait for proberts to respond.

The requirement to post a notice of filing either physically or electronically hasn't gone away because of the pandemic although the DOL has relaxed the requirement. One solution is to post electronically if a physical posting isn't an option.

[deleted]

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

#140

Post by site-packages1 »

DanBC wrote: post #105
thecreamedcorn wrote: post #96

Earlier quoted context omitted.

50% of the US population came from the original founding stock of the country in 1990. America was not made great immigrants it was made great by British (plus some European) settlers that spoke English and followed Protestant Christian values.

> America was not made great immigrants it was made great by British I find it difficult to understand how we can describe immigrant colonisers as "not immigrants".

> ...British (plus some European) settlers that spoke English and followed Protestant Christian values.

Sounds like white, English-speaking, Christian == colonizer, and anyone else would be immigrants. :/

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