I currently hold a green card, but am temporarily abroad (2 times 6 months). How long can I stay abroad and retain the green card, if I periodically come back to the U.S.? And how frequently should I get back to the U.S. ?
I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
121–130 of 334 posts
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#122I live in the United Kingdom but I've always wanted to move to America. I don't know much about the process as I find it very hard to go through the volume of information online. Do I need to apply for a visa, then find a company in the U.S. to hire me? Is there a good website for finding green card jobs?
I'd be grateful for a pointer on doing this or even just an FAQ as a starting point.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#123Can you complete an H-1B transfer (moving from one job to another) while outside the US (traveling for 2 weeks), so that upon your return you can join the next employer? Or do you have to physically be in the US while the request by the new employer is filed and accepted?
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#124Is it possible to start a company on a B1/B2 Visa? This would an extension of my startup in India. Is any investment required? We're bootstrapped and yet to launch our product.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#125Is 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…
I received counsel that I needed to transfer from an E-3 to a H-1B before I could apply for a green card. That is what I did, and I now have a green card.
I also found that E-3s are sufficiently rare, I got conflicting comments from border agents, consular officials etc. Most had never heard of it, or applied understanding they had from other similar visas. (Admittedly, I first obtained mine the first year that category was created.)
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#126Could the administration decide to lower the bar for some visas, like O-1, without the need for congress to approve it?
For instance, could the administration decide that anyone with a PhD, or even a master's degree, is eligible for a O-1 visa? If that's the case, why is the focus some much on statutory reform and not on the administration which could get results much more quickly?
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#127Hi Peter, I have a very specific question I think will apply to many people here. Me and a buddy who is from another country are building a product. We will soon be done with the product and we are thinking about registering the company here in the USA just because it is very easy to get funding here. The company will be a registered in both of our names, (even though he is a foreign national, I am flat-out assuming…
This will depend on a number of factors including the nationality of the company and your friend, and the amount and source of any investment, but the options that we typically look at (aside from country-specific options) are the E-1, E-2, L-1, and O-1.
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#128I'm curious about gambling while on a work visa. It seems obvious that spending your vacation in Vegas is acceptable, but what if I think I'm good enough to become a professional poker player and decide to pursue that part-time while working full-time. At what point (if at all) does it become an immigration issue?
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#129How important a degree is for H1B? I think given amount of self-taught engineers in the profession, you have to answer this kind of question a lot
It's a requirement. (IANAL)
Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
#130I currently hold a green card, but am temporarily abroad (2 times 6 months). How long can I stay abroad and retain the green card, if I periodically come back to the U.S.? And how frequently should I get back to the U.S. ?
From when I was detained (those "random checks"), I overheard an official say that they need to be in the country for atleast once in 6 months, and the taxes need to be filed (this was for an old couple, not sure about their fate).