I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA • Hacker News Board

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#211

Post by coenhyde » Fri, Dec 11, 2015, 9:01 PM UTC

CAThrowAway wrote: post #195

Hi Peter, Thanks for taking two full hours to do this - I've learned a lot. I am a US/Canadian dual citizen, my cofounder is Canadian. We're currently running our business as a Canadian corporation, but would like to set up shop in San Francisco full time over the next year or two, preferably incorporating in Delaware. My cofounder has a BSc and has done some impressive things in her career, but the O-1 looks difficu…

I'm not a lawyer, but have gone through the E2 visa process. A few things:

- The money brought into the US must(?) be your own personal money that you invest into the company, ie no debt or investments from other people into the corporation.

- Your co-founder will have to own 51% or more of the company

- The money invested should be roughly half spent before applying for the visa.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#212

Post by crorella » Fri, Dec 11, 2015, 9:03 PM UTC

Hi, right now I'm processing my perm, in particular, the PERM application was sent to the DOL last September. I would like to know if there is any problem if I change jobs now. Will this cause delays in the process?

Thank you

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#213

Post by bobfunk » Fri, Dec 11, 2015, 9:04 PM UTC

Hi Peter,

I have a question about E2 VISA's and what to do when you raise enough funding that you loose majority ownership?

The situation is company with 2 founders on E2 VISAs with majority ownership of a company, who'll most likely not be able to keep majority ownership after a series A.

Is there a good way to prepare for this and a good alternative strategy to not end up with a series A funded company where the founders can't stay in the country?

And do the E2's stop being valid once the founders loose majority ownership, or is it just impossible to renew them?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#214

Post by [deleted] » Fri, Dec 11, 2015, 9:08 PM UTC

[deleted]

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#215

Post by manuelgodoy » Fri, Dec 11, 2015, 9:09 PM UTC

I have 5 years of experience and a BS and MS degree in Electrical Engineering from a top school in the US. How easy is for me to get an EB2 visa if a company is willing to do the process?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#216

Post by nathanvanfleet » Fri, Dec 11, 2015, 9:09 PM UTC

How does the process work. If I (a Canadian) get a job in the US, what is the timeline for me to be onsite working? What kind of help settling (finding a place to live etc) is there?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#217

Post by nathanvanfleet » Fri, Dec 11, 2015, 9:10 PM UTC

If I come over from Canada and work somewhere, is it easy to change my job to another company if things don't work out? Do I have to leave and come back? Is there a deadline in finding a new job?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#218

Post by throwawayforlaw » Fri, Dec 11, 2015, 9:12 PM UTC

Hi Peter! Thanks for doing this AMA.

I had a question about H1Bs. My F1 OPT expired Feb 2015 and I had a grace period of 180 days to apply for STEM extension. But in the meanwhile (April 2015), I heard that my H1B got picked in the lottery. So I googled it and read someplace that I wouldn't have to worry about the OPT STEM extension anymore, so I didn't go forward with my STEM extension application.

Is this something I have to be worried about going into my visa interview in my home country?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#219

Post by d--b » Fri, Dec 11, 2015, 9:12 PM UTC

ameen wrote: post #130

d--b wrote: post #121

I currently hold a green card, but am temporarily abroad (2 times 6 months). How long can I stay abroad and retain the green card, if I periodically come back to the U.S.? And how frequently should I get back to the U.S. ?

From when I was detained (those "random checks"), I overheard an official say that they need to be in the country for atleast once in 6 months, and the taxes need to be filed (this was for an old couple, not sure about their fate).

Thanks I've heard similar things.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#220

Post by Eridrus » Fri, Dec 11, 2015, 9:14 PM UTC

kijeda wrote: post #125

Eridrus wrote: post #106

Is it possible to transition from an E-3 to a green card directly? I had a person at the US consulate remark on the fact that I was applying for a third E-3 visa with the comment "you can't keep doing this indefinitely", I didn't challenge him, but this by understanding was quite the opposite, that there was no limit on E-3 visas issues; can you provide any insight into this? If I obtain a green card by marriage, but…

I received counsel that I needed to transfer from an E-3 to a H-1B before I could apply for a green card. That is what I did, and I now have a green card. I also found that E-3s are sufficiently rare, I got conflicting comments from border agents, consular officials etc. Most had never heard of it, or applied understanding they had from other similar visas. (Admittedly, I first obtained mine the first year that categ…

Yeah, I recieved similar counsel, but I didn't get through the H-1B lottery last year, so I'm wondering if there are other ways.