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

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141–150 of 336 posts

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

#141
Hi Peter, I am currently on EAD/AP (Country of Chargeability: India, EB2, dependent applicant) awaiting AOS. It seems it will take another 4 to 5 years for my PD to be current and visa numbers to be available.

I have a startup and we have couple of paying clients. If we decide to setup a India office it is possible to transfer myself to the india subsidiary and get myself transfer back on Eb1 (Multi national executive).

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

#143
post #93

What 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.

I'm on the same boat, how difficult is it to get the waiver? (Keep in mind that I have no proof of entry)

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

#144

Do 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…

That's right, H-1Bs for certain nonprofits (cap-exempt entities) are not subject to the annual lottery/quota but if one wants to move from a cap-exempt H-1B to an H-1B with a cap-subject company, then one needs to go through the lottery. However, part-time concurrent H-1B employment with a cap-subject company is allowed. There is no restriction on pursuing a green card if one is working for a cap-exempt entity.

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

#145
post #136

Hi Peter, In this AMA you mentioned a few times that while the EB1A bar is high, it is perhaps not as high as it seems. Any advice for early career academics?, eg As a reasonably successful postdoc at, say, Stanford (good scholarship, steady publication record, presentations at international conferences, and so on, but no proper 'recognized awards of excellence'), is it even worth considering EB1A, as opposed to a EB…

Yes, it is worth considering an EB1A.

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

#146

Hi Peter, I am currently on EAD/AP (Country of Chargeability: India, EB2, dependent applicant) awaiting AOS. It seems it will take another 4 to 5 years for my PD to be current and visa numbers to be available. I have a startup and we have couple of paying clients. If we decide to setup a India office it is possible to transfer myself to the india subsidiary and get myself transfer back on Eb1 (Multi national executiv…

Yes but you would need to have worked outside for the Indian company for at least one year and both the US and Indian companies would need to have some employees and be actively operating,

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

#147
Hi Peter,

I am currently working for Hooli and I am awaiting AOS (with an approved I-140), but want to start my own startup. Is it really safe for me if my AOS is still pending for 180 days? How hard is it to show a startup CEO job (with potentially 0 salary) is similar to a Software Engineer job with a few hundred $ks?

Should I wait to get my actual green card and then quit?

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

#149
post #42

I'm a photography artist and have recently become also a tech start-up entrepreneur. We're now looking into moving into the US within the next year or so and I'm looking into the visa options. What would be the visa to apply as an start-up entrepeneur? I have also considered applying for the O-1 visa as an artist. Can I work as an artist if I have received my visa on the basis of the start-up and vice versa can I wor…

O1s are easy for artists, I know about somebody that worked on music software that got one in 2 months. Business related O1s are much harder

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

#150

Earlier quoted context omitted.

Very high.

Thanks, what Visa Type should i look into most likely when the time comes?

I was in the same boat as you (no education, prior experience) and got an H1B.
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