I am a high school dropout in India. How can I make it to the US with an H1B work visa (or some other country in EU) ?
I've had (technical) job offers from US, Germany, Denmark, Japan, etc. but all of them have had issues with this.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
321–330 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#322So what does extraordinary ability mean? Are we talking PhD level ability here, or Turning award level ability, or somewhere in between?
I can answer because I had an O1 visa, and from what I've understood the equivalent green card has roughly the same requirements. If I wanted to apply for a green card while on my O1 visa, I could have went to the same process (I chose to move back to Europe instead). Interestingly going from an O1 visa to the equivalent green cards doesn't require a corporate sponsorship. Basically if you have something like a Nobel…
How long did the process of getting an O1 visa take?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#323Earlier quoted context omitted.
>Green card will not take 8 years unless you were born in India, China, or the Philippines What if you have a Canadian citizenship? Is it still 8 years? >There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS So, when I first get my TN visa, I cannot leave the country without any of those papers? How long does my first TN visa last and if that expires I have to wait for…
It's not based on citizenship, purely birth country. You can search for priority dates and they get updated monthly. It will take a few years for China, India and the Philippines but if you were born outside those three countries you just have to wait through the processing. Your visa will initially be valid for 3 years. It can be extended a few times. Ideally you'd have at least a year left on your current visa when…
Is hong kong lumped in with the rest of china in regards to this?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#324Earlier quoted context omitted.
I wonder how many people are roughly in your situation and researching the same options.
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?
Personally it's because I don't feel English. I don't want to be isolated on this little island, I don't feel a connection to the public anymore, it doesn't feel like the place I want to call home. Over the next few months I'll find a new home if I can.
I appreciate it's an emotional feeling but it's how I, and others I've spoken to, feel.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#325Earlier quoted context omitted.
I can answer because I had an O1 visa, and from what I've understood the equivalent green card has roughly the same requirements. If I wanted to apply for a green card while on my O1 visa, I could have went to the same process (I chose to move back to Europe instead). Interestingly going from an O1 visa to the equivalent green cards doesn't require a corporate sponsorship. Basically if you have something like a Nobel…
How long did the process of getting an O1 visa take?
A friend of mine did it in the field of music production. He had no publications or anything. He hired a lawyer ($15,000) and the company he was interning at got a recommendation from some really higher up in Sony. The lawyer wrapped it all up in a few days and sent it along with the expedited processing fee. He had his "your EAD card is on the way" message displayed on USCIS case tracker, so basically "APPROVED" two weeks after filing.
Listening to him talk about it really did feel like he was cheating the system.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#326Earlier quoted context omitted.
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)
That's the general idea but USCIS also will want to see a board of directors that neither you nor your co-founder can control so if the two of you are on the board, there needs to be a third board member at a minimum.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#327Earlier 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?
Pre-AC21 that was the general advice to avoid questions at the naturalization stage but that all ended with AC21. It's also a borrowed misunderstanding from the general GC portability requirements (which don't apply here) which allow one to "port" one's GC application after one's I-485 application has been pending for 6 months.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#328I 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.
The same rules apply to the E3 that apply to the H1B, that is, one can't self-petition so it can be a problem if one founds and owns a controlling interest in a company. But Consulates as opposed to USCIS are much more receptive to visa applications by founders/owners (but again the founder/owner can't control the company). I'd be happy to speak with you about this.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#329Earlier quoted context omitted.
Something lower and different really. For those who have not won major awards, it's really a mix of media coverage, publications, awards, good work, etc. To put it in perspective, we've obtained green cards for those without degrees and under the age of 25 but who've created really cool companies. It's very fact-specific and in the end it's a feeling that someone is very bright and doing interesting work.
That's very encouraging. I'd like to ask, what kind of extraordinary abilities are behind these cool-companies and their owners (employment, investment capability)?
It's a mix but some investments by investors (as opposed to family and friends) is important and also really that the product developed/being developed is interesting and grabs the attention of the adjudicator.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#330Earlier quoted context omitted.
Yes that is what the immigration attorneys do, turn a seemingly weak application into a stronger one with massive amounts of supporting documents with various expert opinions and legalese. From my point of view the goal is to essentially beat the immigration officials over the head with information until they just pull out their stamp and move on to then next application. Not to say it is a loophole (though the folks…
What would be your stance be on prospects then if you can't say that you're going to get a 'high salary' in the proposed job here?
I disagree with the comment above. Massive amounts of materials without much to them often don't work in fact. It's more than that. It's really conveying - supported by evidence - what is really interesting and significant about the work and achievements of the applicant and conveying the applicant's passion. And most talented founders who are truly passionate about what they are doing have a good faith basis for proceeding with an O1 (although sometimes there's just not enough there to get it over the line).