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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

#301
Thank you for doing this! I'm working at a tech startup on my F1-OPT (expired July 15). My lawyer submitted my H1B petition one month ago but we haven't received the receipt from USCIS. Can I continue working while waiting for the receipt and the approval? If not, what are some options to legally working until we get the receipt?

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

#302
post #246

Earlier quoted context omitted.

Q1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as S-Corp) and starting a C-Corp can get very expensive (tax based on the number of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.

I've always thought converting an LLC to a C-Corp is either not possible or prohibitively expensive, even for a growing startup. Is that the case? Also Nevada? That's new to me!

It's possible, I once went through that process, but it took ages. But if you want substantial external financing, there is no other option.

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

#303

I have a job offer from Microsoft in Vancouver and might move there after the pandemic ends. I am Indian citizen residing in India. The main challenge however is that I am disabled (quadriplegic) and I would be needing a caregiver to travel with me to Canada. I understand that there used to be a caregiver visa, for Canada, which was discontinued back in 2019. So my question really is, is there a way in which I can br…

Vancouver being a much younger city is more accessible than the average North America city for wheelchair users, starting with the entirety of the Skytrain system... But you probably already know that. :) Good luck!

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

#304

Hey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed starting August 3rd. What is the likely impact on processing times? Also in particular, any insight on adjustment of status applications?

If that happens, then I think premium processing will be suspended and the processing of any application or petition by USCIS will take forever; I think USCIS effectively will come to a halt.

What will happen to those filing an I-751 if USCIS is basically shut down for a while due to a furlough? Will there be any special considerations for those who may have to file during the time the USCIS is operating at minimal capacity?

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

#305
post #281

What are immigration-acceptable ways for a person on a H1-B to start a company and work for it? For someone who is Indian, are there options to found a startup and spend the majority of their time on it?

I had a similar question once, someone had mentioned https://www.unshackledvc.com/

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

#309

I'm moving to the US on an H1 the first time with my wife and daughter, and interested to bring my nanny as well. 1- My wife wants to be able to work shortly and my understanding is that she won't be able to on an H4 until my I-494 is approved). Is it feasible for her to do a J1 if an employer is willing? Are there other options? 2- I'm working on getting the nanny a B2-domestic, but consulates around the world are c…

Your wife can't apply for work authorization while in H-4 status unless and until you are the beneficiary of an approved I-140 petition (which is a step in the green card process) and the only way for an accompanying nanny to work in the U.S. is to apply for work authorization while in the U.S. in B-1 status.

> and the only way for an accompanying nanny to work in the U.S. is to apply for work authorization while in the U.S. in B-1 status.

My understanding is that we can get the B-1 visa for domestic employee outside the united states. Some counsel has told me that entering the US with the tourist /Business B1/B2 is could be risky.

Do you work on the B1 nanny cases or have a referral of a lawyer to work with such a case? I'm interested in hiring counsel to make it happen.

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

#310
Hi Peter - My fiance currently works for a large tech company in the bay area, and is on a H1B visa currently. They would like to apply for their green card, but have been told by the HR that everything is on "pause", but they will continue to collect information in preparing the green card application. How true is this, and do we have any other options? To answer, no we do not plan to marry, though I know this can expedite things. Thanks.
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