hey peter,
Am living in the US (BayArea) on H1-B and my Green Card has just started - literally just started by submitting the documents via the employer's attorneys.
If I want to start my start up, what are my options ? As a single founder ? As a co founder ? Should I be employed in my own company giving myself salary ? And is starting a company while on H1B even possible ?
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
#242What 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.
She could have applied for Advanced Parole, exited the country, and came back legally (with inspection). It still can be done, however, now with Trump, it's a lot more riskier since nothing is certain.
Once she enters with inspection it would have been a lot easier to resolve her situation.
http://www.nolo.com/legal-encyclopedia/daca-recipients-how-a...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#243Hi Peter, thank you for taking your time to do it. What is the difference between O-1 and green card in terms of requirements? If one got O-1 does it mean (s)he can get green card next?
Good question! I'd like to know this too. O-1 holder here, how hard is it to get a more permanent status? What are the downsides in staying on O-1?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#244Hi Peter,
What are your thoughts on going directly from TN to Green Card via EB1/2/3, without going to H1B first?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#245Earlier quoted context omitted.
As a general rule, CBP and USCIS will not approve TNs for founders or owners of the sponsoring employer so your options would be an E-2 (based on an investment) or O-1.
Thanks Peter!
I read that you can have L1 visa for new office in the US if you already have an existing corporation outside the US.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#246Do citizens from countries who are covered by the ESTA Authorization have an easier time getting a VISA?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#247What 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.
I was an illegal immigrant for a few years and when I got married (to a US citizen) we went through the normal green-card application path with a waiver. (I think this is current but plz double-check: http://www.nolo.com/legal-encyclopedia/when-is-waiver-inadmi... ) That was in 2003 so I understand the process might have changed. However I don't believe it has changed that much. It was pretty straight-forward (all th…
Just adding, based on comments in the parent thread, that maybe it was 'Advanced Parole' that I got.
During my process I did NOT need to leave the country and submit paperwork from abroad or anything like that.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#248Hi Peter, Thanks for the AMA, it is extremely helpful. I am a Canadian citizen looking to Incorporate a c-corp in US and move to the bay area in the near future to work on the business. What is the best route to take with regards to visa. The company will be based out of the bay area. Background: I graduated from University of Waterloo last year and have worked in the bay area previously on TN visa.
As a general rule, CBP and USCIS will not approve TNs for founders or owners of the sponsoring employer so your options would be an E-2 (based on an investment) or O-1.
Hi Peter,
A follow up question for the E-2 Visa option. Am i correct in saying, as long as 50% of U.S business is Canadian owned, myself as well as other Canadian citizens can qualify as E-2 essential employees.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#249Hi Peter,
From your perspective, how related is tech immigration policy to broader immigration policy? Does pushing for better access for well educated, successful people help or hurt the broader plight of people wishing to enter the United States? Is there any relationship between the sorts of questions people are asking here and policy around refugees, for example, or are these subjects completely unrelated? Can members of the tech community who are pressing to make it easier for (relatively) privileged people entering the U.S. be confident that that their lobbying isn't inadvertently disadvantaging other less fortunate immigrants and would-be immigrants?
Thank you for taking so much time for us!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#250As someone who has worked with Peter in the past, I can say from experience that he is the real deal! Helped me and my family get back into the US after a CBP agent denied my TN-1 renewal.
Peter, here's my question for you. If Trump pulls out of or re-negotiates NAFTA, as he claimed he would do in his first 100 days... What, if anything, would that mean for TN visa holders? Would it be an instant, no questions asked, return to Canada. Or would there be some sort of transition period?