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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

#221

Post by mbesto »

DrJokepu wrote: post #212
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.

This.

I've dealt with tax issues between GB and US. Long story short - it's hairy...get some professional advice.

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

#222

Post by FreedomToCreate »

kevindeasis wrote: post #217

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…

The easiest way to get a work visa to the US is to first get a job offer from a US tech company. Then all you need to do is get a TN visa from the border and you can work and live in the US. A TN visa has to be renewed every 3 years and does not get you American citizenship nor can you apply for it. To that you must get your employer (once you start working for them on your TN visa) to sponsor you for an H1-B visa. That is lottery based and if you are lucky enough to get one, then you can start your journey towards a green card (this may take up to 8 years).

In short, apply to jobs in the states and once you have an offer you can think about getting a visa. You don't need to worry about three citizenships. That is a long long process. The real challenge is finding a job.

Being a Canadian, the Toronto/Waterloo region as a multitude of job openings right now for CompSci grads.

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

#223

Post by suryacom »

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.

Then it is a non-starter, right? If you are starting a company, then you do have controlling stake.

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

#224

Post by mattieuga »

suryacom wrote: post #223
proberts wrote: post #181

Earlier quoted context omitted.

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

Then it is a non-starter, right? If you are starting a company, then you do have controlling stake.

Just needs to be <50%

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

#225

Post by juanrossi »

dkraft wrote: post #196
why-el wrote: post #167

Earlier quoted context omitted.

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.

The Expired Passport contained the valid visa, forgotten in a desk in USA and the Current Passport is in my possession in Bogota. It Is a B2. I'm hoping the valid visa is in my "electronic footprint" with TSA/immigration? or am I stuck / delayed with getting a temporary visa to re-enter ?

How did you manage to get back to Colombia without the passport with the visa? (I also have an expired one but TSA checked my Visa).

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

#226

Post by why-el »

dkraft wrote: post #196
why-el wrote: post #167

Earlier quoted context omitted.

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.

The Expired Passport contained the valid visa, forgotten in a desk in USA and the Current Passport is in my possession in Bogota. It Is a B2. I'm hoping the valid visa is in my "electronic footprint" with TSA/immigration? or am I stuck / delayed with getting a temporary visa to re-enter ?

Did you get your new Colombian passport while in the US? Otherwise it suggests you left without your passport? How is that legal?

In any case if you had a B2 in an expired passport, it is still valid (I came to the US with two passports, one expired but has my US visa). I was just lazy and did not transfer it, but there is no problem doing so. You just might have to explain your passport-in-the-US situation.

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

#228

Post by mehta »

mattieuga wrote: post #224
suryacom wrote: post #223

Earlier quoted context omitted.

Then it is a non-starter, right? If you are starting a company, then you do have controlling stake.

Just needs to be <50%

yeah, this is my line of thought as well. But it gets complicated when there are two co-founds in the same boat :)

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

#229

Post by mehta »

suryacom wrote: post #223
proberts wrote: post #181

Earlier quoted context omitted.

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

Then it is a non-starter, right? If you are starting a company, then you do have controlling stake.

not if there are multiple co-founders and possibly some investors involved.
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