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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

#231
post #56

I feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry. Is there any solution to this, or do I just need to accept that it's a part of it?

It costs you nothing to smile and be courteous. It might find you a change of heart.

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

#232
post #207

Hi Peter, Appreciate your taking the time to do this. I'm on an L1-B currently with a software product firm, and have been researching ways to move towards an EB1C application for a Green card. My position in the company, in terms of "job level" is at par with Engineering Management. I've been in this role prior to my move to the US and am in line for a promotion here. However, my job description does not involve "hi…

It's not a non-starter but the absence of direct reports would need to be overcome by a strong showing of indirect reports and a high degree of independent discretionary decision-making with respect to the function that you manage.

Thanks, that helps. For evidence of "high degree of independent discretionary decision-making", are certified notes from the company's senior executives and HR considered admissible? It sounds like this would be something that can warrant very strong justification.

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

#234
post #56

I feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry. Is there any solution to this, or do I just need to accept that it's a part of it?

It costs you nothing to smile and be courteous. It might find you a change of heart.

You're assuming that I don't already do this - I do :)

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

#235

Earlier quoted context omitted.

Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.

Is it possible to have an Australian LLC equivalent or somesuch that collects the payments?

I'd like to know this as well.

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

#236
post #196
post #156

Earlier quoted context omitted.

Since he's Canadian, it's probably a TN visa, not H1B?

Nothing in the post suggests the person is a Canadian citizen. Going by all the clues, it sounds like they are a Canadian permanent resident.

Not OP, but my sister and brother-in-law (both born in Canada) have constant issues re-entering the US, despite both having up to date visas and never having changed jobs.

Mostly because of dumb-ass border agents. They've never been denied entry, but it's always a 5 hour long ordeal.

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

#237
Unfortunately, it looks like I'll need to sign off now but I'll check back in later today to try to respond to all unanswered questions and comments. As usual, this has been a pleasure and very informative for me to hear what's on everyone's mind. Thank you for your insightful questions and comments.

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

#239

Hi Peter, Can an individual on H1B - Volunteer for a non profit organization - Mentor an individual assigned by non profit organization in studies like maths, computer science etc,. or extra curricular activities like drawing, coding hackathons, tennis etc,. - Help in fundraising for a non profit. Kindly advice. Thanks.

I don't see any issue as long as there's no compensation for this, no quid pro quo.

Ok thank you, that is a good news. If i support a non profit in raising 1 Million Dollars can i add that in my resume saying "Supported a Non Profit Organization In Fund Raising Nearly 1 Million Dollars"? or will this raise some flags?
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