Is the E3 visa at risk?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
151–160 of 336 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#152Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#153I'm a Canadian working remotely as a contractor for a US startup. I'm looking for a way to visit my employer on-site for a few weeks for training and to meet the team. I'm not a tourist, and I'm not a full time employee, so seems like no visa apply for me.
I also own a Canadian corporation and I could structure the remote work contract through my corporation instead of with me personally. Would that make things simpler or more complicated? i.e. can my Canadian corporation send me (the only shareholder) to the US on a work-related trip?
Also, is it possible to get a TN visa (assume a new full time job offer in hand) if you have previously worked remotely as a contractor for the same company? Is there an expectation that obtaining a TN visa you have to move to the US or can I continue to work remotely? Do I need to become "resident" for tax purposes if I have a TN, or is that completely unrelated.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#154Hi 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?
As a general rule, it's not hard but the rub is what you note: the new position needs to be in the same or similar occupation as the previous position and although porting to your own company or self-employment is allowed, you must be prepared to show evidence of your ongoing active present and future work - such as contracts/revenues - with your new venture.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#155Hi 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.
Come on man, give us some meat to chew on...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#156Canadian here. Most of my friends with Visa's tend to live in a constant state of fear when crossing the border into the US that a border office will just rip the visa out of their passport and deny them entry into the US. Even the ones with high priced immigration attorney's. Is there something the average Canadian can do to make crossing the border into the US less of a crap shoot, especially when doing so with a f…
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…
Since he's Canadian, it's probably a TN visa, not H1B?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#157I'm a Canadian working remotely as a contractor for a US startup. I'm looking for a way to visit my employer on-site for a few weeks for training and to meet the team. I'm not a tourist, and I'm not a full time employee, so seems like no visa apply for me. I also own a Canadian corporation and I could structure the remote work contract through my corporation instead of with me personally. Would that make things simpl…
A B-1 might be appropriate for what you describe but you could not be paid by the US company while here. And, working remotely for a US company is not an impediment to getting a TN with this company.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#158Hi Peter,
Thanks for offering to do this. According to new USCISs rules , if you are on H1b and you were let go, you can be in the US two months to find a new job and have your H1 transferred.
What happens if you stay say slightly over 2 months and find a job later? In what ways can you run into trouble ?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#159Earlier quoted context omitted.
Yes, it is worth considering an EB1A.
Come on man, give us some meat to chew on...
Very funny. You'd probably have a high chance of success. And the NIW isn't all that it's cracked up to be. USCIS appears to be applying EB1A standards of accomplishment to EB1A applications.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#160Earlier quoted context omitted.
Or L-1.
Wouldn't this entail that the parent company have a branch in the U.S. also wouldn't he be limited to working at the company (for a maximum of 5+2 years)?
Yes, the foreign company would need to have operations in the US to qualify for an L-1 and you would be allowed to work in the US in L-1 status for 5 or 7 years depending on your level within the organization.