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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#161

Post by Afton »

claudiordgz wrote: post #146

I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.

IANAL, but am a Canadian. My belief is that TN status is a "non-immigrant" status. It is, by definition, temporary. Applying for a GC declares immigrant intent. H1B, by contrast is 'dual-intent'.

OTOH, I don't think they actively seek you out to revoke your TN status, but it would make border crossings pretty much a non-starter.

All this is remembered from when I was on a TN status from Canada ~5 years ago.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#162

Post by dkraft »

If I am a Colombian Citizen with a multivisit visa, and I don't have the actual visa because it is attached to an expired visa which is forgotten in the U.S. - What are the chances of re-entering USA? Is the visa information in the computer or is it useless without the physical stamp?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#163

Post by einstein »

Hi Peter, I've a few questions:

1. What's the relationship between O1 sponsoring entity and you? Do you've to be employed by the sponsoring entity? Can you run your own business while on O1? Can you get paid by someone else than the sponsoring entity while on O1?

2. How to determine if I should go with O1 or EB2? My attorney says if my EB2 gets rejected then there can be issues getting any other non-immigration visa.

3. If I already have O1, then what's the process like going from O1 to Green Card? When can you go from O1 to Green Card?

4. If I already have O1, are there tricks to stay in the US and never go back to home country to renew it?

Thanks!

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#164

Post by proberts »

brexit123 wrote: post #106

Hi, What are the visa options for an Indian citizen ( no U.S Visa ) who has registered a Delaware LLC to get into U.S for few months and doing businesses . Thanks

It really depends on the nature of these activities, whether they constitute employment/work and therefore requiring a work visa or not.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#165

Post by no1youknowz »

proberts wrote: post #105
no1youknowz wrote: post #101

Hi Peter, I'm based in the UK and in talks with (UK Based) investors for a significant amount of seed money to start a company. I want to setup a US based company as all of the business will be with the US and I want a local office. What sort of "investment" for the US based company do I need to make, so that I can secure a visa and what type of E visa should I be trying to get. I know higher the better is probably p…

There's no minimum and yes, the more, the better, but typically $100,000 is enough to support an E-2. But bear in mind, as I noted earlier, that a good chunk of the $100,000 invested must have been spent before the E-2 application can be submitted. Side note: most US Consulates and Embassies, including the Embassy in London, are really good on E-2s, reasonable, rational, and facilitative.

Peter. Thank you for the answer. Much appreciated!

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#167

Post by why-el »

dkraft wrote: post #162

If I am a Colombian Citizen with a multivisit visa, and I don't have the actual visa because it is attached to an expired visa which is forgotten in the U.S. - What are the chances of re-entering USA? Is the visa information in the computer or is it useless without the physical stamp?

Is this a B2? And how does one forget an expired visa? Unless it was not attached to your passport or you actually left the US without your passport.

Of course, I am not a lawyer.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#168

Post by proberts »

bduerst wrote: post #140
giardini wrote: post #127

Earlier quoted context omitted.

I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for." However I _have_ seen H1B postings so specific that one might wonder if the only missing information was the first and last name of the "chosen one" along with his birthdate, his second son's middle name and a traced outline of the birthmark on the back of his left shoulder. In all instances the candi…

>I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for." What exactly do you mean by these "H1B job postings"? Job postings do not advertise visa sponsorship. A large portion of the H1B applicants were already working their job for some months before applying, under the OPT program. Also, a quarter of all H1B visas are only given to applicants with verifie…

To be clear, the H-1B does not require a test of the labor market (unless the employer is "H-1B dependent"). That's only required in the PERM/GC context. The standard is whether the offered job qualifies as a professional/specialized job and whether the individual has the right educational background.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#169

Post by dang »

zanethomas wrote: post #119
proberts wrote: post #115

Earlier quoted context omitted.

Good question but very fact-specific so I'd need to speak with you and get much more information.

I'm sure my friend would be interested in setting up a consultation. How can we arrange that?

I'll send an intro if you email hn@ycombinator.com.
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