Hi Peter!
I've got a github repository with couple of thousands stars, can this help me to obtain O-1?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
281–290 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#282Hi Peter, I have a green card that will expire in August 2016. I also have a valid travel permit until 2018. If I do not renew my green card in August, and leave the country, will I still be able to return using the travel permit?
If you have a valid green card, what exactly is the travel permit? Advanced Parole? The reason I ask is you wouldn't need a travel permit if you have a green card (Permanent Residence Status). And, typically all prior status disappears once you get it (i.e. you couldn't use a valid H1-B visa to enter once you get a green card).
If you're worried about renewing, you can always go to the USCIS office and get a stamp in your passport that shows your Permanent Resident status (I-551 stamp). It's only valid for 6 months though.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#283Earlier quoted context omitted.
No, you are not stuck at all. As long as your intent - and the intent of your employer - at the time that your green card application was filed was to work for the company in the sponsored position, you can leave at any time after getting your green card.
Wow this is such a great news to hear! Thank you so much! Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?
This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#284Can a H1B visa holder start a company? What are the options for H1B visa holder to do side projects for money? Thank you.
No, you cannot start a company. You also cannot work (i.e. get an H-1B approval) for a company that you own or control in any way. Regarding side projects for money, I'll copy my answer I gave elsewhere[0]: You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibite…
To give other point of view. During my previous startup I was on an F-1 visa, then we got funding and I got an H1B from my startup. You can sponsor yourself through your own company, you just need to prove the relation and provide enough documentation about the investments, incorporation...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#285Earlier quoted context omitted.
Woah! My wife and me got it together. She came in 6 months late because moving was an ordeal (we have two big dogs).
Yeah we had to apply for permission for my wife to enter the US to ask for her TD status. It was supposed to take 7 days but we are still waiting.
Did you applied remotely? That usually takes a bit longer.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#286If I, in the US, found a US-based company with someone from overseas, what should we do to maximize his chances of eventually moving to the US on an L visa?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#287Earlier quoted context omitted.
Wow this is such a great news to hear! Thank you so much! Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?
This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#288Earlier quoted context omitted.
Wow this is such a great news to hear! Thank you so much! Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?
This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.
Thanks for sharing your experience, it's extremely hard to find a reliable piece of advice online.
Was there anything you had to document in order to prove your intent? Also did you end up getting the citizenship without any setbacks?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#289Earlier quoted context omitted.
Yeah we had to apply for permission for my wife to enter the US to ask for her TD status. It was supposed to take 7 days but we are still waiting.
Did you applied remotely? That usually takes a bit longer.
I went to the US first to get my TN, before returning to London, UK where we were living. We then applied at the US Embassy for my wife's "pre-TD" if you will. The consular officer there told her she was approved and would get her passport back in 7 days. Then we discovered her application is in Administrative Processing, and we've been waiting ever since.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#290I know that Australian citizens can use the E3 visa for working in the US. Do you know if Australian citizens can start companies in the US using the E3 visa? Is it something like, you work for the company you founded? What happens if the company fails, or runs out of money? EDIT: Updated question.
You may run into issues if the petitioner is the same as the beneficiary.