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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

#211

Post by lfittl »

freak4pc wrote: post #194

Hi Peter ! Thanks for doing this, I do have a couple of short questions. I'm an employee of a large US Corporate and got a O1 Visa which I'm currently employed under. I understand that my spouse will be able to move here as a O-dependant, but won't be able to work which is a huge issue for us and will probably prevent us from moving out to the US unless we find a permanent solution. I do wonder, what are my options o…

Looks like you missed the window where Peter was answering questions, and I'm not a lawyer (so please talk to one!), but:

I think you could look into doing an EB1 green-card in the extraordinary ability category - the requirements are similar to the O-1 (just reviewed a bit more thoroughly), and it'd give your wife a work permit if you file the paperwork together. In theory that process can be done in ~3 months (for the EAD card, which would allow her to work) when you file the I-140 with premium processing.

See also https://www.uscis.gov/working-united-states/permanent-worker...

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

#212

Post by DrJokepu »

sjtgraham wrote: post #42

I'm a UK citizen that has been looking at EB-1A all week (because of Brexit), I'm now sure I do not want to continue living here if we in fact do withdraw from the EU. My questions: - How many of the 10 criteria must you actually satisfy? Is it a binary decision, i.e. proving 3/10 is the same as is the same as satisfying all 10. Is a positive decision 100% guaranteed is at least 3 criteria are proved satisfactorily?…

I am not an immigration lawyer or a tax advisor, that being said, I am familiar with the process. You become permanent resident when the CBP officer stamps the MRIV on arrival. From that point on you have the same tax obligations as any other US person. That being said, you should probably consult an actual US immigration lawyer.

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

#214

Post by throwawaydui »

Hi Peter,

Thanks for doing this! I am currently looking at a unique situation, so I'm not sure if you would know about this. All I'm asking is if you would know anything from your experience.

I'm an h1b visa holder from India and I recently got arrested and charged with a DUI. After talking to my lawyer, he looked at the evidence (videos, breathalyzer tests) and says its basically a 50% chance at a trial. So I'm looking at a plea bargain. How would this affect my immigration prospects? The DUI itself was my first one and it was a simple DUI, i.e. noone else was harmed or injured.

Thanks

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

#216

Post by mehta »

proberts wrote: post #181
mehta wrote: post #148

Hi Peter, Thanks for taking the time out to answer questions! I am from India and am in US on H1B with gc process underway in EB2 category. I (along with a fellow friend) have been thinking of doing something on our own but are always discouraged by the immigration process. If we were to start something on our own, what are our options? H1b where you have a majority stake seems to not be an option. Is there an altern…

An H-1B might still be an option. Ownership is not a bar unless it rises to a controlling interest.

Thanks for the answer! A followup question:

So would something like this work?

Owner 1 (Owner 2 (Investor 1,2 (>0% ownership, say 2%)

(I understand that things vary from case to case but trying to get general idea here)

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

#217

Post by kevindeasis »

Hi Peter,

Thank you very much for doing this! I have two questions about Canadian citizens looking for jobs in America. Possibly, looking to immigrate to Americain the future. Also, If possible getting double/triple citizenship.

Let's pretend you are a Canadian citizen, recently graduated from computing science, that is currently living in Alberta, Canada. What is the best way to get a job in America? Should I apply for a visa as well or should they offer a visa sponsorship?

Then, let's say I get hired. What's the best way to get an American citizenship with the goal of maintaining my Canadian citizenship? I was originally born in the Philippines; would it be wise to get three citizenships (America/Canada/Philippines)?

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

#218

Post by doctorbigtime »

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.

I had a similar situation (I am Canadian and was on TN). I successfully applied for a status change via marriage on account of my wife being a US citizen. My attorney said that to get around the temporary intent of the TN status, I had to wait at least 2 months after entering the country before applying for the change of status, in addition to her legal footwork. This meant being able to stay in the country for at least 8 consecutive months (2 months wait, up to 6 months for travel authorization documents), which may be complicated for some. It is possible though.

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

#219

Post by throwawaydui »

OmarIsmail wrote: post #153
ry_ry wrote: post #114

Earlier quoted context omitted.

Thank you Peter, that is very useful. Much appreciated.

The good news is that the L1 visa is a fantastic visa. It's dual-intent meaning you can apply for greencard (as opposed to TN). Also your spouse can work! That is huge.

OTOH you cannot switch employers. That is the most significant drawback IMO.

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

#220

Post by [deleted] »

claudiordgz wrote: post #199
spoonie wrote: post #183

Earlier quoted context omitted.

I'm in a similar situation, except Canadian. Did it take you 6 months to get your wife's TD status? I applied for my wife back in March and we are still waiting for her TD (she is not Canadian). :(

Woah! My wife and me got it together. She came in 6 months late because moving was an ordeal (we have two big dogs).

[deleted]
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