3 ms·

Getting visas to attend programs like YC

19 points by amrithk 19y ago

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

lux 19y ago
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.
- delano 19y ago
  For Canadians, the quickest method is the TN Visa (http://en.wikipedia.org/wiki/TN_status http://en.wikipedia.org/wiki/TN_status).
  - DaniFong 19y ago
    Self-employment is neither allowed or particularly well defined, so applying for a TN is a risky proposition.
ojbyrne 19y ago
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.
- yawl 19y ago
  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.
gms 19y ago
An H1-B visa doesn't prevent you from switching jobs no?
- amrithk 19y ago
  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.
  - gms 19y ago
    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.
    - ashu 19y ago
      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.
      - gms 19y ago
        So how did you guys do it?
        ashu 19y ago
        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.
  - ashu 19y ago
    IANAL, but there might be other ways. Send me e-mail. ashu [AT] buxfer
wheels 19y ago
http://germany.usembassy.gov/germany/visa/vwp.html 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.
- ojbyrne 19y ago
  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.
  - wheels 19y ago
    Yes, in the posters case it's probably not useful, however it might be for other readers.
- petercooper 19y ago
  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.
  - wheels 19y ago
    There's a pretty good list here of what's allowed and not allowed: http://vkvisalaw.wordpress.com/2008/02/23/what-“business”-can-you-do-on-a-b-tourist-visa-or-visa-waiver/ http://vkvisalaw.wordpress.com/2008/02/23/what-“business”-ca...
- attack 19y ago
  That's a very small list of countries. Large, no!
mikeryan 19y ago
Can't you work on it as long as you don't get paid?
- gustaf 19y ago
  In practice, yes. Work is generally defined as getting a salary. In theory no, i think
jamiequint 19y ago
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.
- gustaf 19y ago
  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.
amrithk 19y ago
Thanks for the links and information. It seems like there aren't too many options. The other visa classes seem too restrictive.

19 points by amrithk 19y ago

lux 19y ago

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.

delano 19y ago
For Canadians, the quickest method is the TN Visa (http://en.wikipedia.org/wiki/TN_status http://en.wikipedia.org/wiki/TN_status).
- DaniFong 19y ago
  Self-employment is neither allowed or particularly well defined, so applying for a TN is a risky proposition.

ojbyrne 19y ago

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.

yawl 19y ago
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.

gms 19y ago

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

amrithk 19y ago
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.
- gms 19y ago
  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.
  - ashu 19y ago
    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.
    - gms 19y ago
      So how did you guys do it?
      - ashu 19y ago
        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.
- ashu 19y ago
  IANAL, but there might be other ways. Send me e-mail. ashu [AT] buxfer

wheels 19y ago

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

ojbyrne 19y ago
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.
- wheels 19y ago
  Yes, in the posters case it's probably not useful, however it might be for other readers.
petercooper 19y ago
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.
- wheels 19y ago
  There's a pretty good list here of what's allowed and not allowed: http://vkvisalaw.wordpress.com/2008/02/23/what-“business”-can-you-do-on-a-b-tourist-visa-or-visa-waiver/ http://vkvisalaw.wordpress.com/2008/02/23/what-“business”-ca...
attack 19y ago
That's a very small list of countries. Large, no!

mikeryan 19y ago

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

gustaf 19y ago
In practice, yes. Work is generally defined as getting a salary. In theory no, i think

jamiequint 19y ago

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.

gustaf 19y ago
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.

amrithk 19y ago

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