For people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?
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
#382What do you think are the effects on the H1B1, especially new H1B1 applications? What should I do in response to the effects? What should I fill in if there is a form that asks about visa? What should I say when recruiters or companies ask about visa during our call? Thanks for doing this AMA Peter. https://en.wikipedia.org/wiki/H1b1
The H-1B1 is not subject to the latest proclamation/ban so the only issue (if you are outside the U.S.) is getting an H-1B1 visa since the Consulates are still closed but that's not an issue if you are in the U.S. - you can change your status to H-1B1 in the U.S. or change your H-1B1 employer. For recruiters, tell them it's cheap and quick to get H-1B1 work authorization.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#383How much do you charge for an initial consultation? (Serious question; I don't have a sense of how much things like this generally cost).
Email me separately. Thanks.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#384Hi Peter, thank you for your time. I accidentally ripped my certificate of naturalization in half. How much of a risk is it to keep the halves and not get a new one? New one was $555 last I checked; is there any reprocessing or is it just law of supply/demand?
There's really no need for it. You have a US passport, I assume, which is evidence of your US citizenship and I don't think it's any less valid because it was torn.
Yes on passport and thank you for your reply.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#385For people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?
That's really it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#386Earlier quoted context omitted.
Ah interesting. This makes me wonder if now is the optimal time to try this given that going back to Canada is less appealing. It's also interesting that your friend managed to stay in the country despite his i-94 running out. I didn't think that could be done. This gives me a lot to think about, thanks!
> friend managed to stay in the country despite his i-94 running out. His adjustment of status was pending so there's a grace period (check with your lawyer). He was basically waiting for his EAD/Advance Parole card at that point!
(IANAL) Once your I-485 is pending you can remain in the US for as long as it remains pending, on that basis. [1]
Most people also file an I-765 and I-131 alongside the I-140, I-485 and I-693 forms, and once approved, you'll be issued an EAD/AP combo card which entitles you to work in the US and return to the US on the basis of the pending I-485. This travel and employment eligibility is separate from any previous E-3 or TN status.
Once you file, you no longer have to maintain your previous nonimmigrant visa status, but if you don't, a rejected I-485 would subject you to immediate removal. If you do, you can return to your old status.
[1] https://citizenpath.com/faq/maintaining-status-after-filing-...
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#387Earlier quoted context omitted.
Really both. First, your company can post the notice of filing electronically so that's not a real issue. But yes, there's a chance that PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet so I guess in the end I don't buy that approach. I just don't think it makes sense to base decisions on things that might happen.
> PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet Interesting to see you think that way. My wife recently got her PERM application denied. The reasoning was that the in-house job posting did not include the salary for the position. We think it was a clerical mistake on part of the company attorney and we are trying to move on by looking at other…
The notice of filing must include salary information.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#388Earlier quoted context omitted.
FWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit. That permit allows someone to live and work in the country. Anyone can hire her as long as she has it. As far as starting a company: that's an interesting question. That's not an employm…
Thanks for clarifying, I wasn't aware how it all worked. Not sure I have much to add. Some of my closest friends have been immigrants and refugees with an unbelievable amount of courage in the face of a red-tape system. This friend is many years younger to me (I'm enrolled in the university as an adult working-professional student). Generally, given her ability to earn based on her skills, I am simply trying to under…
You can marry her and she will get a green card shortly.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#389For people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?
That's really it.
Thanks for responding :) I hope future administrations take the idea of a startup visa seriously.