Can a Canadian PhD computer scientist work in the US on a TN visa? Also, I've heard that an EB1 is possible on a TN. Is this so? Any caveats to this?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
121–130 of 336 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#122What is the best path for my wife, who was brought here illegally when she was 8 and is here semi-legally because of DACA, to go about getting a green card and/or citizenship? I am personally a US citizen.
The marriage-based GC route but she'll need to get a waiver.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#123[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#124Thanks for the AMA Peter. My question is about premium processing of H1 visa. With premium processing halted, change of employer would have to go to regular H1 processing - which is a matter of months.
What is your advise on employment transfer - one should wait till premium processing is resumed, or start working as soon as transfer receipt is obtained, or any other option/advice?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#125I have an someone at work who is currently in the process of applying for a greencard renewal (f48 I think). They sent out their application nearly a year ago now and are still waiting for the result.
Is this cause for concern? Should they hire an immigration lawyer? Is there a chance for them to be denied even though they've been here over a decade as a productive, law-abiding member of society?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#126Do H1B visas granted outside the cap to employees of universities or nonprofits differ greatly from those granted to employees subject to the H1B cap?
I seem to remember reading that an H1B visa granted outside the cap could not be used for working for a company subject to the cap, you would have to reapply and be subject to the lottery. Which makes me nervous about green cards.
Could someone with an H1B and working for a university still apply for a green card? Or are H1B's granted for university/nonprofit work not eligible?
Thanks!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#127Are there been changes in the H1B process since last year ? I was lucky enough to pass the lottery step .. but since then .. nothing. Apparently this is supposed to be normal but it is a bit infuriating that the process is that long and opaque. Are there any classic potential hurdles in the H1B process for a well paid legitimate engineering job ? Or is it just a waiting game until the american government finally exam…
Are you saying that the petition was selected in the lottery but you haven't heard yet whether it has been approved? If so, USCIS is now starting to review and approve cap-subject petitions so you should hear soon.
Thanks for the reply !
Yeah that's what I mean. I guess I just need to wait a little bit more ^^
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#128Hi Peter, thanks for doing this AMA. I'm from India. Have used all 6 years of H1b, including the recapture time, and back on F1 visa status with pending CoS (second masters degree in US). I'm working on a few startup ideas, mostly based on Apps. I was hoping for IER, but that seems to be in a limbo. What are the chances for a founder of a yet to be funded startup to get EB1A? or would you suggest O-1?
Again, it's hard to say in the abstract but as a general rule, an interim O-1 makes more sense since this allows you to build up your company and then use the company's success for your EB1A application.
Thanks for that info! is this the correct website http://www.robertsimmigration.com ?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#129Earlier quoted context omitted.
I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members. He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he…
Did he overstay? I don't understand how people can run into trouble with H1B visas.
Something to do with changing jobs, then having the new job fall through a month later. He thought he had 60 days to get a new job (which is pretty easy for developers these days). The border guards had not heard of such a rule.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#130Two questions: 1. What is generally the best options for current H1B holders to start their own company? 2. Do you foresee any imminent changes in immigration policy, given the current political climate? I know this is not strictly a legal question, but I think it's a question many people have.
as a former founder, I can tell you that much that you cannot work for the company you founded on an H1B visa. You can found the company, but not be employed by it. You will need another visa like the O1 or E2 investor visa. For an H1B you need to be fireable, i.e. have a board of directors that can fire you as a CEO. Otherwise USCIS will argue that you started the company to get yourself an H1b visa
In the absence of a startup option, the O-1 and the E-2 tend to be the best options. The H-1B, as correctly noted, requires the existence of an employee-relationship, which can be tough to demonstrate for the founder of a new/small company.