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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

#161
post #115

Hi Peter, I have BSc in Chemical Engg(2013), MSc in Environmental Engg(2014) and MSc in Software Engineering(2018) and 4 years work experience in IT industry as Data Engineer. My H1B has been denied this week, what I can do now? MTR or Litigation will be any helpful?

Is this a cap-subject H-1B or an H-1B transfer?

this is a cap-subject H-1B

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

#162
Hey Peter, I am currently in US on an H1B visa. My employer has applied greencard and I fall under E2 category. I am also a cofounder in a company which is based out in India and my other co founder is currently taking care of running this.

Is it possible to apply for E1B with my past/now co-founder experience.

Thanks!

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

#163

Hi, Peter. - is it possible to get a work permit (and what kind of visa) for a non-graduate person, but with a 20 years of experience? (IT) - if it is, what kind of confirmations should i provide along with my application? - as far as i know, even if i get a visa, i couldn't get a green card without at least a masters degree. Is it right?

1 & 2) Yes. This depends on the type of visa but for an H-1B, where a degree is required, you could get your experience evaluated as the equivalent of a bachelor's degree and that would be sufficient. 3.) That's not correct. It depends in part on the green card category but we get green cards for people without any tertiary education all the time.

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

#164

Hey Peter, I am currently in US on an H1B visa. My employer has applied greencard and I fall under E2 category. I am also a cofounder in a company which is based out in India and my other co founder is currently taking care of running this. Is it possible to apply for E1B with my past/now co-founder experience. Thanks!

Definitely.

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

#165

Earlier quoted context omitted.

I still would have your attorney make sure that USCIS knows that you are now being sponsored as the son of a US citizen.

WhatsApped father if USCIS knows he's a US citizen. He replied 5 min ago - "USCIS gave me citizenship and one of their officers gave me oath."(sic)

That's different from notifying the adjudicating arm of USCIS.

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

#166

Earlier quoted context omitted.

Have maintain physical presence since ~1990. There are no record of my crossing to the best of my knowledge. It's cathartic to just write it out...

Do you have family in the U.S.? What's their immigration status?

Thank you sir!

My uncle/aunt (us citizen) claim guardianship but that "status" end when I turn 18?

I don't have any status since.

Still have us citizen aunt/uncle but no immediate relative with status.

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

#167

Earlier quoted context omitted.

Do you have family in the U.S.? What's their immigration status?

Thank you sir! My uncle/aunt (us citizen) claim guardianship but that "status" end when I turn 18? I don't have any status since. Still have us citizen aunt/uncle but no immediate relative with status.

[deleted]

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

#168

Earlier quoted context omitted.

First, make sure to ask the right questions during the hiring process so that you know, without crossing any discrimination lines, whether a candidate requires "sponsorship" and second, establish a relationship with an immigration attorney so that you can bring good candidates to his or her attention to determine whether sponsorship is possible and worthwhile.

Is it generally ok to ask if a person has work rights in the USA?

The permissible questions are as follows: Will you now or in the future requirement immigration/visa sponsorship to work for us? If the candidate answers yes, then you can ask about his or her immigration status. If the candidate answers no, then you can't.

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

#169

Earlier quoted context omitted.

It's the course credits that matter. He should make sure that the school is an accredited institution of higher education of course but I'd also have him run this degree program by an education evaluation service.

Thanks so much for the reply! Just a brief followup- whats the reason for the education eval service? For context the school is US based, accredited, online and for-profit.

Just enquire if the course is recognized by World Education Services

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

#170
post #156

Hey Peter, I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me. Developer is a citizen of Mexico and currently works for FANG company in Washington State on TN Visa. What would be the most ideal approach to having this person work with me on the startup project (equity-only 1099 contractor)? I have learned that one can get a 2nd TN Visa, but we're unsure if the prim…

His or her current employer wouldn't be notified but equity as the form of compensation doesn't qualify.

Could you clarify what you mean by "equity as the form of compensation doesn't qualify"?

Do you mean:

- He/she would not be able to get a second TN because equity does not count, and they would require a cash compensation in order to qualify for a TN

OR

- Equity does not qualify as compensation, therefore the developer is not compensated, and therefore he/she does not _require_ a second TN in order to work with the individual in question

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