I will need a J-1 visa this summer, but I applied for the diversity visa this year. Could my J-1 be rejected for having an intent to immigrate?
I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
111–120 of 334 posts
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#112Earlier quoted context omitted.
+1 Additionally: i understand EU citizens can be in the US visa free for 3 months. What that exactly means? 3 months per year or 3 months per one visit? If the latter then how often? Lets assume one gets accepted and decides to utilize that visa free offer - what should be said at the border if one is asked.
IANL, but here is what I know: 1. One can't work on the visa under visa-waiver program. 2. One should not work under the VW, if you get caught, you'll forever forfeit the benefits of VW. 3. 90 days is you maximum permissible stay length per visit to US (leaving US to visit nearby places doesn't count). Note that your ACTUAL permitted stay length is what the CBP notes in your passport at port of entry. You must leave…
Work is defined as getting a salary though. If you're accepted into YC, they are not 1099'ing you or putting you on a payroll. It's like a stipend (effectively), and legally just an investment in your firm.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#113I won a NASA contest as a programmer and I'm interested on working in the USA (also as a programmer). Am I elegible for an O-Visa? My degree is on Industrial Engineering which I'll finish in January in Spain, my home country. I also have about 1 year of work experience in two startups as an internship.
PS, thank you so much for the help so far.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#1141. What is the best course for an E3 Visa holder to move to a Greencard? (or something similar). 2. If an E3 Holder would like to found a startup, how does one go about self sponsorship?
1. The underlying nonimmigrant status - whether E-3 or H-1B or O-1 - has no bearing on green card options so it simply will depend on which green card option one qualifies for - irrespective of underlying status.
2. The short answer is that self-sponsorship isn't allowed in the E-3 context.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#115What is the average cost you recommend for a new the H1-B petition? What about an h1-b transfer? (Legal fees not including filing)
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#116What's best way to move to US and not work for anyone and not invest much money? O-2? I work in infosecurity
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#117I won a NASA contest as a programmer and I'm interested on working in the USA (also as a programmer). Am I elegible for an O-Visa? My degree is on Industrial Engineering which I'll finish in January in Spain, my home country. I also have about 1 year of work experience in two startups as an internship. PS, thank you so much for the help so far.
It's hard to say without seeing your CV but USCIS places a lot of weight on such awards.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#118Great topic.. just out of curiosity.. Has YC directly sponsored any H1B visas (if not for founders but people who actually work for YC)? I tried the usual h1b websites and couldn't find anything...
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#119Hi Peter, thanks for doing this session! My question relates to techniques and probabilities of getting H1B visa for potential hires. We are a 5 year old profitable start-up with more than $1 million in revenue...how hard would it be for us to sponsor a potential new engineering hire for the visa process? I understand that it can cost $4k in the application and X in legal fees ($5k?) which we would be ok with. My que…
Obviously not the OP, but the lottery is meant to be completely random, where the only thing that helps is being in the advanced degree bucket where you essentially get a chance in two lotteries.
Last year the success rate for those without advanced degrees was something like 33%.
I think you get one application per person, so you will hopefully get 1/3 of the visas you request, essentially 3Xing your costs.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#120I was married to a US citizen for some years and recently got divorced over infidelity/financial issues (have proof). I have since filed an appeal as "Abandoned Spouse" which has yet to be acknowledged by USCIS so I am yet to have a new case number at all. My current work permit has run out and I have received notice to appear for Removal proceedings in Sept 2017. Is there a way to get my work permit renewed in the interim? I am yet to receive acknowledgement of receipt from USCIS about my abandoned spouse appeal