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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

#301

Post by spoonie »

8note wrote: post #280
Afton wrote: post #161

Earlier quoted context omitted.

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.

how do border crossings go for TNs. I'm about to get one, and am planning on visiting back reasonably frequently. Is that a problem at all?

My friends recommend signing up for the Nexus program to facilitate speedy crossings. As I understand it you are effectively re-applying for your TN at every re-entry and could be rejected. That said, my friends all go back to Canada many times a year without issues.

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

#302

Post by rrecuero »

sesameoil wrote: post #297
rrecuero wrote: post #283

Earlier quoted context omitted.

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 the reply, but my question was more about what comes after the green card. Just to clarify, I too have green card. If you google online https://www.google.com/search?q=leave+company+after+green+ca... most people talk about the "6 months rule". Basically they're saying it's ok to leave immediately as long as you don't apply for citizenship. The problem arises when it's time for citizenship and they blame us…

Yes, I am aware of it. Peter has already clarified the issue above. What matters is the intent. One friend of mine switched jobs less than a month after obtaining his GC and he didn't run into any issue whatsoever.

"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."

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

#303

Post by winter_blue »

tokensimian wrote: post #294
winter_blue wrote: post #265

Earlier quoted context omitted.

I don't know Canadian visa law, but I would assume that your US firm needs to have an office in Canada to be able to sponsor a Canadian work visa for you.

If you are not a US immigration attorney, which your profile does not seem to indicate once I traced through a couple github profiles, you should probably resist the urge to be a top level commenter on questions submitted to OP. Sorry if this is abrupt, but it sounds like you are frequently posting your interpretation of legislation. US immigration realities are frequently different. Even if you've had your own exper…

I'm just trying help as much as I can. I've avoided answering any questions that proberts has already answered.

IANAL, but I've done a large amount of research into this, and I think an immigration attorney would find the answers I've given so far to be quite accurate.

Not sure what you mean by "US immigration realities are frequently different" -- all immigrants are subject to a same set of US immigration laws.

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

#305

Post by winter_blue »

godbov wrote: post #263

I 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.

1) Here's a good blog post on exactly your situation: http://www.jamesmorrell.com/blog/e3-visa-self-sponsorship

2) The E-3 visa application requires filing you file a Labor Condition Application (LCA) attesting that you will be paid at least the prevailing wage for the job title -- i.e. you must be making at least as much as other Americans make doing the same job.

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

#306

Post by pramttl »

Do you see new OPT STEM extension (24 months) and it's requirements be something that could be met by most F-1 student entrepreneurs on OPT?

Background: The new 24 month STEM OPT Extension [1] (effective from May 10, 2016) which requires employers to fill I-983 [2] (Lengthy Training Plan) has created additional barrier for foreign students intending to start/work with startup companies on STEM OPT Extension (which earlier was for 17 months with less regulations). Being an F-1 student myself I can say that, these regulations could certainly influence more potential F-1 entrepreneurs down the "job seeking" path as opposed to "job creation/entrepreneurship" path because it is much easier for bigger companies with resources to satisfy the USCIS training plan requirements/I-983 as opposed to newly born companies.

[1] https://www.uscis.gov/working-united-states/students-and-exc...

[2] https://www.ice.gov/sites/default/files/documents/Document/2...

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

#307

Post by sunshiney »

matthewmacleod wrote: post #295
MichaelGG wrote: post #279

Earlier quoted context omitted.

If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?

I think the problem isn't so much being part of the EU as it is not being part of an isolated UK. I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.

Why would companies leave? Is not there benefit to waiting and seeing how the dust settles? I have lived long enough to know that any change is always disruptive and after time passes the initial reactions also pass.

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

#308

Post by sunshiney »

matthewmacleod wrote: post #295
MichaelGG wrote: post #279

Earlier quoted context omitted.

If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?

I think the problem isn't so much being part of the EU as it is not being part of an isolated UK. I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.

Why would companies leave? Is not there benefit to waiting and seeing how the dust settles? I have lived long enough to know that any change is always disruptive and after time passes the initial reactions also pass.

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

#309

Post by YZF »

8note wrote: post #280
Afton wrote: post #161

Earlier quoted context omitted.

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.

how do border crossings go for TNs. I'm about to get one, and am planning on visiting back reasonably frequently. Is that a problem at all?

Not a problem in practice. I crossed the border dozens of times with a TN (I actually lived in Canada but worked in the US) and know of many others. Generally as long as you aren't in violation of the intent of TN you should have nothing to worry about.

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

#310

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.

The fact that you are suggesting this itself is a joke. I would never suggest any one with a family from India on H1B to start a company.

Because failure is not an option. If then, `he` will have to find another job in 10 days or leave the country.

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