Getting visas to attend programs like YC | Hacker News Reader

Getting visas to attend programs like YC

19 pointsamrithk26 comments

Hi all, A group of us were interested to apply for the YC program in the summer but were detered because of visa issues.

All three members in the group currently have full-time jobs and two of us are on H1-B visas. The third member of the team is a U.S. citizen. Quitting our jobs to attend YC fulltime is therefore difficult as two of us will lose our H1-B status and will not be able to stay in the country.

I read on the YC website that people from other countries have been able to participate in YC before. I was wondering if anyone knows anything about this? What visa status were they on? Is there a temporary business visa available for this sort of situation?

Also, if you are facing similar problems, feel free to comment.

Thanks

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We're in Canada and we're wondering the same thing. People here we've talked to don't know much about it, but we're assuming there must be something available since YC has funded Canadians before I'm pretty sure. I figure they'll let everyone know when they're accepted what forms need to be filled out.

For Canadians, the quickest method is the TN Visa (http://en.wikipedia.org/wiki/TN_status).

Self-employment is neither allowed or particularly well defined, so applying for a TN is a risky proposition.

http://germany.usembassy.gov/germany/visa/vwp.html

There's a large list of countries for which a stay of up to 90 days for business or tourism does not require a visa.

A temporary business visit under visa waiver or one of the B categories does not, as far as I'm aware, allow you to "work" except under certain circumstances.

Meetings, sales calls, repairs, market research, and similar activities are not considered "work" and are allowed. It would need to be investigated whether R&D (which, effectively, is what you're doing when working on a YC project) is allowed.

There's a pretty good list here of what's allowed and not allowed:

http://vkvisalaw.wordpress.com/2008/02/23/what-“business”-ca...

If you're working in the country already it's unlikely you can use that. I tried to switch to a tourist visa after leaving my job (was on a TN). Denied - they said that I failed to reestablish residency in the foreign country.

Yes, in the posters case it's probably not useful, however it might be for other readers.

That's a very small list of countries. Large, no!

Our guys were just on Tourist Visas the whole time and are now going for O1 and J1 respectively. Not sure how it works differently if you have an H1-B first though.

If you've not been on VISA previously you might be able to apply for a J1, the application time is fairly short but for a non-established company the authorities will have to do a "site-visit" to check that you are an established company.

You probably get a grace period after you leave your jobs that might be close to the 3 months required for YC. At least as a start.

There is no grace period for H1B, not a single day. If you leave your H1B job, your H1B status is lots immediately.

It might be possible to apply a new H1B based on your YC company, or obtain other work authorization like EAD to be able to work in the US.

Thanks for the links and information. It seems like there aren't too many options. The other visa classes seem too restrictive.

An H1-B visa doesn't prevent you from switching jobs no?

It doesn't. But the company will have to be registered as a U.S. based entity first which may take some time and will only be done after YC starts.

You get a grace period if you leave your job right? I just don't see this as a showstopper...you could've applied and dealt with problems as they came up.

Actually, no. You don't get a single grace day as somebody else has pointed out below. Plus, even if these guys applied and incorporated immediately, they can't (i.e., the INS will not approve it w.h.p.) sponsor H-1s from their own company (even an H-1 transfer) unless the company receives significant investment. All-in-all, it's certainly a big show-stopper.

So how did you guys do it?

We were students on F-1 which turned out to be just the right thing to have. We went on an OPT immediately and by the time we needed H-1Bs for ourselves, we had raised enough money to be able to justify the INS that we are a totally legit company capable of paying H-1B level salaries.

IANAL, but there might be other ways. Send me e-mail. ashu [AT] buxfer

Switching jobs will require a new H1B, normally called 'H1B transfer'.

You can start work on your new job while that is in process, right?

Yes, as long as you filed the H1B transfer application, you can work for the new company. You do not have to wait for the approval or even the receipt (it could be nice to have the receipt as it helps to prove you filed application).

Can't you work on it as long as you don't get paid?

In practice, yes. Work is generally defined as getting a salary. In theory no, i think

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