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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

#61

Post by proberts »

xoail wrote: post #58

Hi Peter, I am Indian citizen on H1-B with GC EB2 priority date of 4/2011 and approved I-140. I've been with same company ever since in US. Is there a way to make my GC processing go any faster? A lot of my friends are in similar situation and are eager to star a company. Many thanks!

The only way is to "up" your green card application to an EB1A application. This is a high standard as you probably know but not unreachable by those with strong backgrounds. If you would like me to evaluate, send me your CV.

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

#62

Post by gragas »

qaq wrote: post #46
gragas wrote: post #17

Earlier quoted context omitted.

Yes? You can open a bank account on almost any bank's website. Even my local bank in town will let me open a business bank account remotely.

Not a business account though

You are wrong. I am in the process of opening a business account remotely.

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

#63

Post by kreeWall »

proberts wrote: post #52
kreeWall wrote: post #43

Hi Peter, thanks for doing this! If a recent college grad is on OPT, and lets say they majored in actuarial science (STEM), are they allowed to make money selling crafts and art that aren't related to the major? I know there's a clause for jobs unrelated to your major, but I wasn't sure if this applied to selling art or having art showings. How does this work? Thanks!

Unfortunately, that would be viewed as work and since it's outside your friend's field of study, it would not be allowed.

Do similar restrictions apply once H1B is granted?

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

#64

Post by proberts »

achoonacho wrote: post #44

Hi Peter, If I want to enter the US under the TN visa, do I have to get a job offer that says its only for a period up to three years (the max TN term)? What should the job offer letter say about the period of employment, if anything at all?

Yes, you need a job offer and the initial requested period cannot exceed 3 years. The offered job needs to be within one of the listed NAFTA occupations and the job offer letter needs to demonstrate this and also show that your education is in the right field.

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

#65

Post by cmsonger »

I have an employee who has been given access to the country on an L1A. We have filed priority for a renewal. USCIS has asked for more information on our request for his reapplication but we have not yet received the letter. His visa expires on the 30th of August.

Should he leave the country?

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

#66

Post by zeusk »

Hi Peter!

I'm currently a student on F-1 visa. I had two questions re: immigration.

* If I apply to and get into YC, what would be needed on the visa/work authorization front? Will I have to apply for pre-OPT/CPT?

* When considering someone for post OPT, does USCIS check for 12 months including pre OPT and CPT or is it just 12 months of CPT?

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

#67

Post by itissid »

Hi Peter, Thanks for doing this. 1. Since premium processing for many H1B categories is suspended are tech companies looking to wait out 2 or so months to wait for the USCIS approval to hire an H1B(assume in this case that person cannot work on the receipt of the H1B application)? 2. What processing times are you seeing currently for H1B petitions?

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

#68

Post by squillful »

fgandiya wrote: post #56
squillful wrote: post #47

Hi Peter! A friend of mine has just started OPT and has founded a company. She plans on using the STEM extension too, which was a successful path for myself and some others, but the recent changes to the STEM extension seem to be considerably more limiting now. Do you have any guidance on options for founders considering the OPT and STEM extension route? Many thanks in advance!

What did they change about the STEM extension?

This blog post sums things up well - http://blog.cyrusmehta.com/2016/03/suffocating-the-foreign-e...

Whilst it's pretty great that the extension was increased from 17 months to 2 years, you now have to prove an employer-employee relationship, which is significantly more limiting than the previous iteration.

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

#69

Post by proberts »

samstave wrote: post #19
tucif wrote: post #6

Are there legal ways to be hired as remote worker for a company that only has operations in the US and live/work from another country? Edit: As a Non-Us citizen.

Edit 2: what if I am a US citizen but want to live in another country and work for a US based company remotely... how live as expat?

As a general rule, US immigration does not come into play for employment outside the US even if the foreign-based worker is an employee of the US company. Regarding employment abroad by US citizens, that will depend in part on the laws of the country where the US citizen is residing and tax treaties between the US and that country.

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

#70

Post by whack »

What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and continue working at their H1B "day job" in the interim?

My understanding is that the H1B visa does not allow you to do any work for anyone apart from your visa sponsor. If a co-founder were to spend his evenings working on his startup which has been incorporated, I'm not sure if that would conflict with the above regulation, and if so, how to work around this.

I'd be happy to contact you privately if you prefer that.

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