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I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

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Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#101

Post by proberts »

throwaway333349 wrote: post #42

Questions regarding international companies being able to sponsor H1B visas in America. 1/ How long does the process take for a company to be eligible to sponsor H1b visas. 2/ How much does it cost ? 3/ Does the company need any minimum funding ? 4/ Does the company need to hire a certain number of American citizens/Green card holders before it can hire H1B visa holders ?

1. There is no waiting period. 2. See response to earlier question. 3. Not really - USCIS will look at a variety of factors to be comfortable that the company can pay the offered wage including funding. 4. No.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#102

Post by roadbeats »

The new startup I joined is filing a new H1B instead of transferring (because it took so long to transfer due to company's registration progress). Previously, I was filed H1B two times (2011 and 2014). Is third time possible ? Especially now, since visa regulations are getting strict for security reasons.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#104

Post by proberts »

shpx wrote: post #54

If I were to take a year off school right now, can I still get a J1 for an internship this summer? Also just wanted to say thanks for doing this.

It's possible, yes, but have this conversation with a J-1 sponsor since the J-1 sponsors make this determination.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#105

Post by arunbahl »

Are there options for a foreign national to move from an E-2 visa (treaty investor) to permanent resident status? I've heard that it wasn't possible previously but now may be, making the E-2 a possible "startup visa" for many.

And thank you for doing this!

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#106

Post by Eridrus »

Is it possible to transition from an E-3 to a green card directly?

I had a person at the US consulate remark on the fact that I was applying for a third E-3 visa with the comment "you can't keep doing this indefinitely", I didn't challenge him, but this by understanding was quite the opposite, that there was no limit on E-3 visas issues; can you provide any insight into this?

If I obtain a green card by marriage, but then split up before the 2 year deadline, does that have negative repercussions on your ability to get employment-related visas? I've already been dating my girlfriend for 2 years and we've been living together for most of that, so it's something that comes up as a reason to get married, but I'm not sure if it's a good idea.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#109

Post by hpagey »

ulobabacan wrote: post #84

In these days, how long does it take for a H1b holding engineer from a "rest of the world" country to get green card via EB2(or EB3 if faster) from the day the current company starts the progress? Also at what stage he/she can change the job?

H1b visa is completely independent from your GC application. Your employer has to apply for your green card.

According to latest visa bulletin (Jan 2016) EB2-ROW is current and EB3-Row is 01 OCT15. It takes approx a 12-18 months to get your labor/i-140 to be approved.

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