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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

#261

Post by mabbo »

Mikeb85 wrote: post #236
desdiv wrote: post #196

Earlier quoted context omitted.

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.

When I was first at Amazon in Seattle (later moved back to Toronto) it became known that if you had a TN visa, you didn't cross at a specific Vancouver-area crossing. There was just one guy there who had decided he didn't like the TN visa program, and tore up every single one he saw.

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

#262

Post by danfo »

Hi Peter, thanks for your time! I'm an Australian currently looking for web development work (on E-3). I have a Bachelor of Design (Visual Communication) and 10 years dev experience.

If the job I apply for requires a 'Bachelor of Computer Science or equivalent' and they hire me based on experience, is it OK that my bachelor's isn't CompSci, to satisfy the E-3 requirements?

Is it better if the job listing requires just 'A Bachelor degree'?

Is it better if the job is front-end/UI related, where my degree is more relevant?

A recruiting manager for a large company had no problem with my E-3 elligibility, but from further reading I'm not so sure. Thanks!

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

#263

Post by johmathe »

Hi Peter, thank you so much for doing this.

I have a question related to the Green Card process with EB2/NIW and simultaneous O1 visa.

Say, someone is on an O1 that is expiring in August 2017. That person also has a Green Card EB2-NIW process ongoing: i140 accepted in December 2016, the NVC immigration visa process is currently on hold, waiting for acceptation of a G28.

Can the O1 visa be extended or can someone apply for another non-immigrant visa while waiting for the immigration visa / Green Card?

How long do you think it would take to get the G28 accepted (it has been 3 months now), and to get the Green card in this way, given the current situation?

How long do you think it would take to be granted an extension of an O1 visa?

Thank you very much.

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

#264

Post by vram22 »

proberts wrote: post #61
dheelus wrote: post #50

Peter, what advice do you have for Indian nationals on EB2/EB3 GC status given the incredibly long wait times for the priority date to become current? Is there a good (and legal) way to upgrade to EB1 or similar category (that has shorter wait periods)? For example, does it make sense to leave the US, work as a manager overseas and return to the US on a L1-A thereby qualifying for a EB1. Or perhaps work towards publi…

That's very hard to answer in the abstract but those are the two options that many Indian and Chinese nationals look at - and oftentimes, the EB1A is a real option for bright and talented individuals. Again, the EB1A standard, while high, isn't as high as most people think.

Is the EB1A similar to O-1?

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

#265

Post by ma2rten »

maerF0x0 wrote: post #255
dirkdk wrote: post #116

Earlier quoted context omitted.

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

Could it be done concurrently? IE Found and work on a project whilst employed by the H1B company?

No.

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

#266

Post by erohead »

canadian103 wrote: post #153

I'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…

At Pebble we employed Canadian contractors who received TNs for travel into USA for meetings etc. Happy to share our TN docs. Eric at ycombinator

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

#267

Post by flexie »

proberts wrote: post #199
flexie wrote: post #138

Earlier quoted context omitted.

if you have stayed abroad for a few years, and you wish to stay abroad and you don't mind losing the greencard, do you have to file anything to renounce it or is it enough that you just 'overstayed' abroad?

There's no requirement of a formal renunciation but from a tax liability standpoint, this sometimes make sense since you end up drawing a line in the sand.

Thanks!

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

#268

Post by anarazel »

vincentmarle wrote: post #253
anarazel wrote: post #229

Earlier quoted context omitted.

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

I looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.

Right, you've to report it. But the question is if that's actually against the rules - it's not entirely clear to me. I'm personally lucky enough to now have a greencard so I don't have to worry about it anymore...

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

#269

Post by proberts »

dang wrote: post #260

I just got an email from Peter asking if it was "ok to take a break" and then another saying he was "beginning to fade". I think you guys burned him out :) We'll ask him to come back soon and get him to take breaks next time; 90 comments in 3 hours is most impressive but no one holds out against the beast forever. In the meantime, I hope there is enough general info and tips in the thread to be of some use to the peo…

Thanks. I'll be logging back on later today to answer more questions.

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

#270

Post by illumin8 »

mabbo wrote: post #261
Mikeb85 wrote: post #236

Earlier quoted context omitted.

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.

When I was first at Amazon in Seattle (later moved back to Toronto) it became known that if you had a TN visa, you didn't cross at a specific Vancouver-area crossing. There was just one guy there who had decided he didn't like the TN visa program, and tore up every single one he saw.

That's horrible. I hope the worker was reported and sent to prison.
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