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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

#91

Post by proberts »

mrn45 wrote: post #76

Hi Peter, I'm a F1 student who joined for a Masters program in a US University in 2015. A year into my Masters, my advisor offered me a PhD which I took up. So, I converted my degree from Masters to PhD in 2017. However, I still picked up my Masters degree in May 2017. My PhD advisor quit his job this week. I'm not left with too many options. I was considering going back to the industry. I learnt that I cannot apply…

I would not quit the program until you have obtained a job offer and been granted another visa classification, such as an O-1, cap-exempt H-1B, or cap-subject H-1B. You need to check with your international student office but I believe that if you just quit the program, you will be out of status without any grace period. And that's correct about your master's degree OPT - it's gone.

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

#92

Post by EduardoBautista »

proberts wrote: post #56
lwansbrough wrote: post #46

I’m Canadian. I want to own a Delaware C Corp and move to the US. An attorney recommended to me the L1 visa. I think this will be a good option for me once I’m in the position to qualify. However, with regards to the DE Corp, it seems like I cannot be employed by the company. Is my only option then to issue myself dividends? How would an E1 visa change that? Thank you for your time!

I'm not sure that I understand the question but the L-1 for Canadians is still a very good option and can be obtained even for brand new companies/offices. Once you are in L-1 status, you can be paid by the U.S. company or even just continue to be paid by your Canadian company.

How can a new company qualify? I "freelance" through a Delaware-corp I registered a couple of years ago. I am a Mexican citizen, not sure if that changes anything.

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

#94

Post by proberts »

Wagthesam wrote: post #87

Hi Peter. I have a uwaterloo math degree (pure math & stats double major). 3 years of exp as an eng. I heard about recent increased scrutiny for Tn and H1b for software engineering + math degree (comp systems analyst job designation). Will I have a higher chance of RFE / Denial if I go down this path?

No, you should still have a very strong TN application, whether through the math or engineering occupation. I wouldn't worry. And it's the University of Waterloo! You're fine!

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

#96

Post by proberts »

trq_ wrote: post #86

Hi Peter! How suited do you think the TN visa is for joining early stage startups? I feel like being in that space can involve switching companies more often than usual because of the failure risk. Is it risky to apply for a TN visa each time? Say you change jobs at most once a year.

Unless you have an ownership interest in the startup or are a founder, I don't see any risk with getting a TN through a startup and even changing TN companies every year.

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

#97

Post by proberts »

scifipix wrote: post #90
proberts wrote: post #84

Earlier quoted context omitted.

You've received conflicting feedback because the answer isn't clear unfortunately. The concern is this: that if 6 years have elapsed since you were initially granted H-1B status and you are outside the U.S. for at least one year, USCIS will consider you subject to the lottery if you are sponsored again for H-1B classification. That being said, recently we had a couple of cases where these facts applied and USCIS stil…

I appreciate the quick response Peter, thanks !

Sure. It really is a confusing issue.

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

#98

Post by xoraes »

Hi Peter,

I'm on a cap-exempt H1b visa working in cyber-security field. Within past year I had to let go of 3 job offers due to visa transfer not being possible to for-profit companies (and all offers were made after April, so lottery based H1b application wasn't a path I could take this year).

What would you recommend someone in my position should do if they want to switch job to a for-profit organization?

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

#99

Post by proberts »

samstave wrote: post #54

Can you please ELI5: How does the visa program work? So - say youre an engineer in another country and you want a work visa in the US - does one seek a job first or a visa first? Based on that - what is a bullet list of steps (checklist) for the process to be expedient/smooth/successful? (I am one who will never require this - but I want to understand the process and what people go through to get the H1Bs etc...)

Yes, that's right, a job offer and support for a visa by the employer are required before the visa can be applied for. A checklist will depend on the individual's qualifications, country of citizenship, and the job offer so it's hard to give a general checklist.
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