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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

#321

Post by proberts »

uiri wrote: post #111
proberts wrote: post #81

Earlier quoted context omitted.

I'm not sure that I understand the question.

I'll piggy back on this, as a Canadian. What are the pros and cons of each for the employer? What are the pros and cons of each for the Canadian employee? In practice, how many times can a TN be renewed?

Again, these are tough to answer in the abstract without knowing anything about the company, the offered jobs, or the individuals because sometimes a TN makes the most sense and sometimes some other visa status makes the most sense. Theoretically, as long as a Canadian can show strong ties to Canada and a credible intent to return home, a TN can be renewed multiple times.

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

#322

Post by proberts »

jonny_eh wrote: post #303
proberts wrote: post #160

Earlier quoted context omitted.

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.

Here can apply for a green card while on the L-1 to stay longer, right?

Correct.

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

#323

Post by proberts »

pm90 wrote: post #310
tucaz wrote: post #184

Earlier quoted context omitted.

As a follow-up to this question, Peter, is there a need to wait for the H1B VISA to be over or could the employer start the GC process right away?

They can definitely start it right away. There is no need to wait.

In fact, it's better to start the GC process at least 1-2 years before the 6-year max-out date to account for any delays or problems in the process.

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

#324

Post by GFischer »

gtirloni wrote: post #96

Everything I read about US immigration seems to indicate it's next to impossible and unless I'm some kind of mythical "10x developer", companies wouldn't bother with the visa process. Is that accurate? I have friends actively avoiding applying to US companies because they think getting a visa is impossible. What should I tell them? Is there a type of visa that's more friendly to foreign engineers?

L-1 Visa, but you have to work at a foreign branch for at least 1 year. It's the path some family members and coworkers have taken.

Some of the larger top companies in the U.S. will accomodate that and set you in the Irish or Canadian offices for a year, but you have to be good :)

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

#325

Post by illumin8 »

robotresearcher wrote: post #283
illumin8 wrote: post #270

Earlier quoted context omitted.

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

> sent to prison. It's too risky to have a man like that out on the streets. He could tear up visas any time.

There need to be strong penalties for abuse of law enforcement power. He has the power to destroy lives and families, apparently without any accountability. The way you hold people accountable for their actions is by threat of legal action against them.

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

#326

Post by illumin8 »

robotresearcher wrote: post #283
illumin8 wrote: post #270

Earlier quoted context omitted.

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

> sent to prison. It's too risky to have a man like that out on the streets. He could tear up visas any time.

There need to be strong penalties for abuse of law enforcement power. He has the power to destroy lives and families, apparently without any accountability. The way you hold people accountable for their actions is by threat of legal action against them.

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

#327

Post by mabbo »

BeetleB wrote: post #290
tdhoot wrote: post #287

Earlier quoted context omitted.

IANAL, but that's not true since Jan 2017. There is a 60 day grace period, but only once per validation period. http://www.immi-usa.com/60-days-h1b-grace-period-2017-final-...

I wonder if the person in question had his problems before January.

Nope, two weeks ago.

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

#328

Post by mabbo »

desdiv wrote: post #196
geoka9 wrote: 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.

In this particular case, Canadian citizen since birth, H1B visa.

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

#329

Post by mabbo »

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…

IANAL (Mr Roberts answer is probably more appropriate) but I spent 5 years working for a subsidiary of an American company and had many meetings like this. I'm also a Canadian, living in Canada.

At the border, you say that you are attending meetings and receiving training. You are not giving training or leading meetings. It was never a problem given I said those words.

Edit: again, Mr. Roberts answer is probably more accurate, and YMMV

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

#330

Post by Jhsto »

alvarosevilla95 wrote: post #314
Jhsto wrote: post #280

Earlier quoted context omitted.

Have you tried J1?

I am not familiar with this visa, but if I understand correctly it's aimed at students who require US entrance to complete their education, is intended for 'short' periods and you must return to your home country for two years before being able to apply for an inmigration visa. This raises two issues: as a graduate, it would be hard to justify this visa unless I went to the US for a graduate degree, and it would not…

J1 is for internships. It is known to be exploited in white-collar work such as programming though. What this means is that you can get paid the normal sum and are treated (unless a shitty workplace) equally despite the visa implications.

You have a year or two (if I recall) of time to apply for a J1 once you have graduated. You don't study while on a J1.

And yes, J1 can be approved from 3 to 18 months. It's not a long time, but depending on what your goals are (if 95 in your name stands for year of birth, you are young, maybe just to experience the valley) then it might suit you.

I know people who have got H1Bs, O1s and L1s after J1. I'm not sure what the process is like, but AFAIK it includes some lawyering because J1 is a non-intent visa.

edit: I forgot to mention that the two year home residency requirement does not apply to you if you pay for your trip yourself. Only if you use government funding during your stay will you be applicable. Although I've heard that residents of certain countries can have the ban waived if needed. Not sure is that right though.

And to clarify, I'm no lawyer, but someone who was on J1 in the valley a year ago.

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