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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

#383

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 compa…

I followed much the same route, but I can't recommend it as a strategy for someone looking for a path to the USA, given you have to work for said employer for a year then hope they will consider sponsoring you. Unless you have hard to find skills, I don't think many employers will offer this option at interview time, given you are still not a fully known quantity until you've actually started working somewhere. Those on L1s in this industry are usually there by accidents of fate rather than a grand plan in my experience!

The H1 or entering education in the USA are probably the two main methods, but even those have gotten significantly more difficult as others have pointed out (H1 cap etc).

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

#384

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

Good point and depending on country of nationality, the odds can in fact be pretty good.

I'm an Australian citizen but was born in Pakistan. Do I go in the Australian queue or Pakistani queue for green card lottery?

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

#385
I know that while on H1B, I can co-found a company as long as I can demonstrate a employer-employee relationship. But what can I do if I want to apply for green card under my company, if I only have enough qualifications for EB2? From what I understand, Labor Certification for EB2/EB3 will not go through if the applicant has significant shares of the sponsoring company.

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

#386
Hi Peter, thank you for doing this. I am in the process of starting my own company in Norway, and I am planning on applying for YC within next year. I am wondering, if we get accepted, what will be the best way for me to legally start a US company, and work for it in the US for three months? I've heard that H1B will not be possible since there would be employer - employee relationship, so what would be a good option? You did mention O1, but I am afraid I do not qualify since Inam straight out of university.

YC says that they accept 10+ non US companies for each batch, do you know what visa they use while in the US?

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

#387

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

I've been told by attorneys that applying for the Green Card lottery does not come without risk--in fact it can prevent you from obtaining a non-immigrant visa. For example, when applying for an F or J visa (student/post-doc, say) the consular officer will ask you if you have intent to emigrate. The only allowed answer is a firm "No and I have permanent connections to my home country." If you've applied for the green…

IANAL, so take it with a grain of salt. This is a super conservative interpretation though. Anecdotally, I myself have received an F-1 visa despite having applied for diversity lottery (unsuccessfully). If I recall correctly, I may have at some point seen an explicit guidance on the DoS website to the effect that a mere DV lottery application (without a successful followup petition) is not necessarily indicative of immigrant intent for non-immigrant visa application purposes. I cannot find it though, the page seems to be 404ing.

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

#388

Hi, I am from India and I want to know the options that I have to come to valley. I don't have graduate degree but I have learned Computer Science from sites like edx and coursera. If needed I can pay a little fee on those sites and get the certificate of complications that they provide. What are available options? I really appreciate you taking time to do this ama. Thank you

For an H-1B, you would need to have the equivalent of a 4-year bachelor's degree and this equivalency can be based on foreign education or experience or a combination of the two. The evaluation would need to be done be a certified evaluator.

Do the course completions or certificates from these sites (edx, courseram, etc) count?

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

#389
post #75

Hi, I am from India and I want to know the options that I have to come to valley. I don't have graduate degree but I have learned Computer Science from sites like edx and coursera. If needed I can pay a little fee on those sites and get the certificate of complications that they provide. What are available options? I really appreciate you taking time to do this ama. Thank you

Why don't you want to stay in India?

It's not like I don't want to stay in India.

@navalsaini has accurately made the point about ability to work on cutting edge problems so that is the main reason.

And I have not even decided yet whether or not to move. I am only checking for options and checking if it is even possible to get visa with no degree.

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

#390
Hi Peter. I am a US permanent resident and will be moving and starting work in US soon. My wife is not a permanent resident or citizen of US. I'm aware that I can apply for an F2A visa for my wife, but she will have to wait outside the US for nearly 2 years.

Is there a way she can be in US, with me, while she waits for her permanent residency?

Things we had considered: a) she can stay in US and work with a US company (unlikely) b) she can stay in US and work remotely with her company outside US. c) she stays in US and takes up studying d) she stays in US and just waits.

Thanks for your advice.

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