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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 »

ltlftp wrote: post #10

We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US). We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established. Any advice? Thanks Peters.

They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.

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

#92

Post by garbawarb »

My company is actively in the PERM process for me, but I'm worried that things will go wrong (for example, failed recruitment) and I'll need to start from scratch. Would it be advantageous to apply for NIW on my own, and could there be any problem with doing both at the same time?

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

#93

Post by proberts »

hoerzu wrote: post #56

Love you AMAs been so helpful. Do you think did O1 get harder. How do you see changes through the Trump administration?

Other than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.

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

#94

Post by anon123_unknown »

I am a founder for an early stage startup on H1B. The prevailing wage for a CEO is extremely high in California and will burn my companies runway. It it possible to just show on work part time 20hrs a week in order and get an hourly wage the meets the prevailing wage requirement?

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

#98

Post by komazawa12 »

Hi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions:

- I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan?

- Can I continue working in my role after I apply to change my status after marriage to my LPR partner?

- Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status? Thanks so much!

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

#100

Post by proberts »

newtohn432 wrote: post #2

Hey, What is the best option for someone working in NL to immigrate to US. Should I go via H1B route or ?

The answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specific visa is available, the standard options are the H-1B and the O-1 (and depending on a variety of factors, the E-1, E-2, and L-1).
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