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.
I know personally that the TN is a non-immigrant intent visa. Typically you have to switch to an H-1B ("dual intent") first.
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
#202Thanks for taking questions. I'm currently on F1 OPT and just lost the H1B lottery. Was wondering if it's legal for me to apply directly for a GC instead. If yes, are there potential risks during the process and in the future. Thanks
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#203Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#204Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#205on H1b visa can I accept prize money (say about $2k) if I win a online coding Hackathon ?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#206I have heard different answers to this from different people. Can I earn income from apps on apple store/android etc. if I am on a work permit in the USA? Does it matter if the app was initially launched when I was in India (my home country) or after I moved here?
Thanks!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#207So getting into America is contingent on essentially bragging? It seems like the successful ones are rich kids whom graduated from a "prestigious" American university? Or, rich kids whom bring a lot of money to the United States to form a start-up?
I got down to the post that seemed to hit the immigration question right on the head. It was about hiring an expensive lawyer to pretty up your resume?
Yea, come here I guess? Once you get here, enough with what school daddy sent you to, and the paper you wrote. Do a good job, and don't brag. One thing about being American is not bragging. Along with act like you have some ethics?
(Yea, go ahead and pound me. I'm just tired of the one's who are claiming Einstein desirability.)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#208Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#209Thanks for this AMA! I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy? I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA. What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their coun…
That's more of a payroll/tax question but from an immigration perspective there's no issue - no immigration requirement - with putting people on the payroll of a US company if they are living/working outside. They can be employees without US work authorization. The challenge is when they need to come to the US because once they step on US soil, US immigration law applies so it's problematic for them to enter as a vis…
If I understand correctly, there might be an issue because they come to the US and they are working for (and receiving a salary from) a US company -- no matter if the money are paid abroad. Which violates the ESTA condition. Is that what you meant?
To the contrary, if they were working for a EU company (sister of the US company), then they could come to the US under ESTA/working, correct?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#210Earlier quoted context omitted.
Let's assume I don't trust what you're saying at face value. What are some examples or sources? The Disney debacle cost Infosys $69 million, and they're included in that 3-4% number I quoted if that's what you're thinking of.
I didn't down vote you but it really should be on you to inform yourself before you start making claims. - http://cis.org/PayScale-H1BWages - The fallacy of a labor shortage is apparent when you look at it in terms of any other market. I don't say there is a Porsche shortage if I can't afford one. - 80% of H1-Bs come in at the lower 2 of 4 pay levels. In fact, there is so much variability in the salaries that you ess…
- CIS is a anti-immigration think tank founded to provide numbers for the republican party. The study you link to is cherry picking data regarding location and prevailing wage.
- There is also no way to prove if there is or is not a labor shortage. I think we can agree that this is something that can definitely be improved on.
- Wages are long-tail distribution, so you're going to see lower tiers having higher enrollment. UCSIS reviews immigrants based on their experience and education levels, and will typically reject if the employer is under hiring.
- You may be confusing the H1B with the O (Outstanding) visa. H1B is for talented labor only, it doesn't mean manager-level , so I'm not sure why that's your assumption.
- Again, if you're assuming that you're filling the skilled labor shortage, that doesn't guarantee that you're hiring higher-quality skilled labor than the already-employed supply. The socioeconomic environment of skilled labor immigrants may be different enough to warrant such a gap, but that doesn't negate their current skills. We should definitely continue to question and evaluate the quality though.
- And how exactly is a 3.7% drop in CS wages attributable to the H1B program? H1B immigration caps (supply) haven't changed for years. H1B visa != outsourcing.
- You'll need to prove this claim with more than just "trust me" too.
This may come across as harsh, but your feelings don't really matter on the issue because they are likely biased. The U.S. is currently at a record low of unemployment, and the H1B caps haven't increased in years, meaning that the H1B visa holders are not likely causing whatever it is you're feeling.