Hey Peter, I am an international student in US. How can I create my own startup on F-1 visa?
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
#82Hi Peter - thank you for this! I am from Mexico and working on STEM OPT on an expired F1 (can't travel), lost H1B lottery two years in a row now.
Are there good reasons for Mexicans on STEM OPT who intend to get a GC to keep entering H1B lottery, instead of getting a TN visa and attempting change of status? Are there other avenues?
Thank you!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#83Hi Peter, I am a Canadian citizen with a diploma in Computer Programming and 3 years of experience as a Programmer Analyst. Will I be eligible to get a TN Visa to work in the US as Software Engineer?
Is the diploma for a 4-year bachelor's degree program? If so, then yes; if not, then you would be limited to the occupations of Computer Systems Analyst and Scientific Technician/Technologist and Management Consultant once you have 5 years of experience.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#84Hey Peter, I am an international student in US. How can I create my own startup on F-1 visa?
This is a long and nuanced conversation and really impossible to convey in writing because while it's possible to do this, your activities associated with your startup would be limited.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#85Hi Peter - thank you for this! I am from Mexico and working on STEM OPT on an expired F1 (can't travel), lost H1B lottery two years in a row now. Are there good reasons for Mexicans on STEM OPT who intend to get a GC to keep entering H1B lottery, instead of getting a TN visa and attempting change of status? Are there other avenues? Thank you!
There's a pervasive misunderstanding that someone in TN status cannot pursue a green card and must be in H-1B status to do. This is just not true.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#86Earlier quoted context omitted.
> Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. See above. Perhaps edit your question to make it about the general laws?
Thanks Peter, here is a more generalized question. What would be the best course of action for somebody to get back on a J1 visa since its expired yet legally from what I understand since its on a 5 year cycle (research scholar). Also if not how can they get a working visa in US ? I also updated the above question to reflect the general gist of a situation that I would be grateful to receive some help for.
Thanks for modifying your question. Still, because this is very fact-specific, I would recommend that you discuss with me or another attorney.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#87Hi Peter - thank you for this! I am from Mexico and working on STEM OPT on an expired F1 (can't travel), lost H1B lottery two years in a row now. Are there good reasons for Mexicans on STEM OPT who intend to get a GC to keep entering H1B lottery, instead of getting a TN visa and attempting change of status? Are there other avenues? Thank you!
There's a pervasive misunderstanding that someone in TN status cannot pursue a green card and must be in H-1B status to do. This is just not true.
For anyone curious like I was, Trade NAFTA Visa
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#88If you don't have a green card, can you do any writing for pay (assuming this is not your main job) - e.g. would receiving [possibly small amounts of] money from a site for a short story violate terms of visa?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#89Hi Peter! Do we think we'll see a significant H-1B reform in the next 2 years? Are you optimistic with the Biden administration?
I hope so and I think the Biden Administration would liek to make significant changes to entire immigration system but because immigration is such a political and divisive issue and often crosses party lines, I think the changes will just be incremental and limited.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#90Hey Peter,
We're a US startup. One of our developers is an 18-year-old (!!) Brazilian. He wants to forego college and move to the US to work with us full-time. We're brainstorming his future possible paths to the US.
Ideas on class of visas for someone without a college degree?
One idea is the O class. He has two gold medals and one silver medal in the Brazil National Mathematics Olympiads. Unsure if these recent accolades in mathematics are sufficient evidence of "extraordinary ability" in the related field of programming?
Thanks! A