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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

#141

Post by d3fun »

proberts wrote: post #74
whack wrote: post #70

What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and continue working at their H1B "day job" in the interim? My understanding is that the H1B visa does not allow you to do any work for anyone apart from your visa sponsor. If a co-founder were to spend his evenings working on his startup which has been incorporated,…

It's possible to have two H-1B employers, one based on full-time employment and another based on part-time employment. This is referred to as concurrent H-1B employment and it requires two approved H-1B petitions.

As an H1B visa holder will it be possible to be a co-founder of a company? As a co-founder, with majority interest you ar e an employer not sure if H1B allows that.

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

#142

Post by adamnemecek »

ottoid wrote: post #137
proberts wrote: post #113

Earlier quoted context omitted.

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?

How many times did you try? I think the rate is like 2-3% for most countries.

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

#143

Post by SOLAR_FIELDS »

proberts wrote: post #41
anocendi wrote: post #31

Hi Peter, thank you for doing this. What are the steps towards citizenship after one got Green-Card via H1B -> Green-Card route under the current administration's laws? Are there any changes and new restrictions, etc.?

No changes yet and the naturalization process is generally very easy, 5 years as a permanent resident to qualify (unless married to a U.S. citizen for 3 years, then only 3 years to qualify). USCIS's web site provides very good information about the natz process.

My wife is a non-US citizen (Mexico) but has lived in the US for her entire life as a permanent resident. As in, she was born in a Mexican hospital but was taken directly across the border to her home in the United States when she was released to her parents.

It's my understanding that if she ever decides to pursue citizenship that it's generally easier to go the permanent resident qualification route vs. the marriage route. Is this understanding correct?

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

#144

Post by proberts »

user-on1 wrote: post #12

Thanks for doing this Peter. I came across a rule like this. On h1b one has to get income only from visa sponsor and not from any other source. What is the logic behind this rule? How does this benefit anybody? How does this impact anybody? Does this rule mean after office hours one cannot even write a blog and make additional income using adsense?

That's all correct.

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

#146

Post by nickhalfasleep »

Thanks for answering questions. This is sort of an oddball question, but does the case of Xytex Corporation v. Schliemann in 1974 still hold much bearing these days on immigration and technology employment?

I was told by Mr. Perera, that it was one of the first cases in this field and he was always proud to have been involved in it.

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

#147

Post by mcny »

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.

I think the question was would it be ill-advised for all your employees to be H1B if you're a startup?

For example, I found this on a Google search https://archive.fo/ETWuR

> Employers are considered to be H1B dependent if they have less than 25 workers and more than 7 H1B workers; between 26 to 50 workers and more than 12 H1B workers; or more than 50 workers with 15% or more of them being H-1B foreign nationals. In this case, H1B dependent employer must fulfill 2 additional requirements.

> Displacement of US workers: An H1B dependent employer must attest that by hiring a H1B worker, it is not displacing any US worker for a similar position within 90 days before or after filing a H1B petition.

> Recruitment efforts: The H1B dependent employer must also attest to making good faith attempts to recruit US workers and offering prevailing wages for this position. When hiring an H1B worker, it is important for employers to recognize the attendant responsibilities that they must shoulder. Although the requirements are not excessively burdensome, the employer is required to maintain some paperwork to demonstrate its compliance with the law. A clear understanding and fulfillment of these requirements will minimize possible civil penalties and ensure that the employer will be permitted to petition for future H1B workers.

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

#148

Post by proberts »

kentosi wrote: post #115
samhoggnz wrote: post #101

Earlier quoted context omitted.

An E-3 isn't dual intent, there's no path to a GC unless you switch.

Exactly. I'm converting to the H1B to get the GC.

That's not correct. An E-3 can apply for a green card. This is a common misunderstanding. There's no need to switch to H-1B.

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

#149

Post by kudakarkat »

mrilhan wrote: post #132
proberts wrote: post #122

Earlier quoted context omitted.

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

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

Yes, A company with 'only' H1B holders.

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

#150

Post by proberts »

tehlike wrote: post #85
paloaltokid wrote: post #55

Hello Peter! I am a US Permanent Resident since 1997. Should I be concerned about traveling internationally at the moment, US politics being what they are? Or is it safe to assume that if I leave the country for a short while, I'm not going to get turned away at the border?

What is the reason you dont naturalize? Future tax concerns?

Not so much for tax reasons - because permanent residents are generally subject to the same taxes as citizens - but for estate planning purposes,
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