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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

#371

Earlier quoted context omitted.

Here are the odds, by country. Rate of legal immigration doesn't seem to be a primary determinate for that country's odds. www.usagreencardlottery.org/green-card-statistics.jsp

What does "Winning Chances" mean? It is often very different from "Winning % By Country".

I had trouble figuring that out as well. Maybe it's "total wins proportion-out-of-100"? It seems to scale with the absolute count.

If it is that, then it's a terrible name.

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

#372

Consider the following scenario: a foreign (non-resident alien) founder gets funded in the US, standard C-Corp. The founder and the entire team are based in another country. The founder comes to the US once in a while for somewhat extended stays (~1month) to fundraise, do deals, etc. Regular B1/B2 visa. But expectedly, they will still do a bit of work in the meantime. Are they in violation of the B1/B2? If so, would…

Not a lawyer, to be on the safe side - you would want to avoid a scenario where you are getting paid or do anything that may be treated as skilled labor while on a B1/B2 visa. Breaking this may be grounds for revoking your visa status.

You can be compensated for your travel, meal, lodging expenses from a US entity, and you can take meetings, close deals, fundraise, and perform other business activities.

Update: You may have personal funds in your country that you would use for covering your expenses and that should be okay. Any ambiguity with such costs being a payment (you mentioned it a subsidiary) for services rendered should be avoided.

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

#373
post #7

I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court. I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions. What are my chances of being able to move to the US?

Serious question: if you have setup multiple companies with 100 employees (per company or total?) then why move to USA? If you are UK-citizen then it would make more sense to stay in UK and continue your success, since you seem to be good at it!

That's total. I still have the American dream, don't think we are scratching the surface in terms of possibilities.

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

#374
post #7

I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court. I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions. What are my chances of being able to move to the US?

Serious question: if you have setup multiple companies with 100 employees (per company or total?) then why move to USA? If you are UK-citizen then it would make more sense to stay in UK and continue your success, since you seem to be good at it!

Bigger market. Venture capital.

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

#375

Earlier quoted context omitted.

That's right, in the H-1B context, there needs to be an employer-employee relationship between the petitioning company and the sponsored worker and this (in the eyes of USCIS) ultimately means the ability of the petitioning company to fire the sponsored worker and otherwise control his or her employment.

So basically for a person on H1B to startup, can we take below as steps ? Please correct me if i am wrong ! 1. A decide's to startup. 2. A find's 2 US citizens B & C as co-founders. 3. A gives idea to B & C and asks them to build a PRODUCT. 4. A takes 49% ownership, B & C takes 25.5 % ownership. 5. B & C finished building a MVP or SLC PRODUCT. 6. B & C apply for VC Fund. 7. B & C get X fund from Z. 8. B & C incorpora…

The problem here is if you are A, then no one will give 49% stake to you because of your idea. This only works on paper but in reality you will get screwed.

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

#376

I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court. I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions. What are my chances of being able to move to the US?

I would need to review the court and police records to see if a waiver is required but based on what you are stating, even if a waiver were required, you would get one (although it's a 6+-month process to get a waiver).

Could you recommend an attorney in London I could speak to? I assumed I was a no go for a waiver.

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

#377

Earlier quoted context omitted.

That's right, in the H-1B context, there needs to be an employer-employee relationship between the petitioning company and the sponsored worker and this (in the eyes of USCIS) ultimately means the ability of the petitioning company to fire the sponsored worker and otherwise control his or her employment.

So basically for a person on H1B to startup, can we take below as steps ? Please correct me if i am wrong ! 1. A decide's to startup. 2. A find's 2 US citizens B & C as co-founders. 3. A gives idea to B & C and asks them to build a PRODUCT. 4. A takes 49% ownership, B & C takes 25.5 % ownership. 5. B & C finished building a MVP or SLC PRODUCT. 6. B & C apply for VC Fund. 7. B & C get X fund from Z. 8. B & C incorpora…

Oh wow !! So for giving the idea A takes 49% ownership?!

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

#378

If someone has: - a full-time job in a foreign country (say, Germany) that sends him in the US on a 2 months mission, - a part-time job in the US (1 day per week), which let him work from Germany but also in the US under a part-time O1 visa (accepted). How should that person enter the US for the 2 months trip? Under an VISA waiver B or O1 part-time? Thank you so much for your time.

The issue is authorization to work while in the US so he definitely should enter the US on the O-1. This doesn't preclude him from also working on behalf of the German company while here.

Thank you very much!

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

#379

Hi Peter, thanks for sharing info on what I feel is quite an unknown subject to an outsider. I have a general question for you: As a skilled software developer with a relevant UK university degree (3 years BSC) and work place experience, interested in working in the US - What is the ballpark range of costs and wait time involved in getting a visa to allow me to work for a US company. What's the general procedure, - g…

Some experience here UK -> L1 -> GC -> Citizen.

It's worth considering the L-1 visa route - work in the UK office of a US-based company for 1 year and you become eligible.

One disadvantage, you are bound to the L-1 employer in the US unless you can get a H1-B, work visa or family-based visa (yes, I found myself a green card wife of nearly 10 years now).

The L-1 process was a lot of paperwork, but the sponsoring company paid. The rest we did ourselves without a lawyer. Big fan of http://www.visajourney.com - lots of folk in similar situations and howto guides.

Happy to talk more if it's helpful, either here or my username at gmail.

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

#380
Hi Peter, I'm a Iranian PHD student and got 2 offers from a big co and a startup. Both companies were very excited on having me on-board, but now both have decided to not move forward with my export license. This comes at a terrible time as I just got my opt and now need to find a new job. Can you shed some light on the requirements of export license and costs associated?
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