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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

#242

Post by cletus »

kentosi wrote: post #206
proberts wrote: post #148

Earlier quoted context omitted.

That's not correct. An E-3 can apply for a green card. This is a common misunderstanding. There's no need to switch to H-1B.

Sorry, this is contrary to everything I've heard and read. I thought non-intent meant that I can't apply for a green card? I guess it would be too late now, but what's the process of getting a work-sponsored green card while on the E3? Thanks so much again.

What you have to remember here is that you're dealing with the law. It doesn't have to make sense. Also, when people write about it, they add their own interpretation. Both of these can cloud and confuse the issue or just be downright wrong.

The issue yo uneed to deal with is when applying for an E3. It's described as "nonimmigrant intent" but what does this even mean? The actual form simply asks you "Have you filed an I-485?" An I-485 here (also called an Adjustment of Status or AoS) is about the last step in getting a green card.

This question is just one piece of information used by USCIS to determine if you have immigrant intent. But the USCIS also has a rule that answering "yes" to this can't be used solely to deny someone a visa. So what does this mean? Nobody really knows.

So while having filed an I-485 might in theory make applying for an E3 problematic, you can avoid this problem by having a "fresh" E3 when you file an I-485.

What is clear is that having an I-485 does not preclude you from filing an I-485. Nor does it prevent you from getting a green card. I speak from experience here (having gone E3 -> GC).

Being on an E3 will change the process slightly as in there will probably be a period where you can't leave the country and return whereas H1B holders don't have that problem. Also, depending on what examiner you get, you might get asked to sign a form waiving your treaty rights. This last one is typically used for those on diplomatic visas but those are in the E category. The treatment here seems to be inconsistent.

A competent immigration attorney should be able to walk you through all of this.

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

#243

Post by TremendousT »

proberts wrote: post #127
TremendousT wrote: post #104

With all the anti-immigration fervor coming from certain quarters these days, do you recommend getting an attorney for filing I-751's? Uncomplicated situation. I'm a US citizen, wife is from an uncontroversial sub-saharan African nation.

We generally advise our clients to file I-751s on their won and save the money because it's a really straightforward process (assuming no issues).

Thanks Peter. Quick one while you're here: How much do we include? Both names are on all apartment leases for the time period, but do we include the 25 pages in each lease, or just the signed pages? Ditto bank statements.

Maybe you recommend a web site that offers the right advice on the packaging of evidence. Forums and things I find are completely contradictory.

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

#244

Post by anocendi »

proberts wrote: post #41
anocendi wrote: post #31

Hi Peter, thank you for doing this. What are the steps towards citizenship after one got Green-Card via H1B -> Green-Card route under the current administration's laws? Are there any changes and new restrictions, etc.?

No changes yet and the naturalization process is generally very easy, 5 years as a permanent resident to qualify (unless married to a U.S. citizen for 3 years, then only 3 years to qualify). USCIS's web site provides very good information about the natz process.

Thank you! :)

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

#246

Post by kudakarkat »

proberts wrote: post #191
kudakarkat wrote: post #149

Earlier quoted context omitted.

Yes, A company with 'only' H1B holders.

A company with a high percentage of H-1B workers (there's a formula) can be deemed "H-1B dependent" and this then brings in an onerous set of requirements.

Thanks Peter.

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

#248

Post by calvinbhai »

I've used up all 6 yrs on H1b (including recapture) and currently transitioning to F1, I'm exploring the O-1 visa. I'm an Indian citizen, born in India.

Question 1: Can I qualify for an O-1 visa if I'm part of a company as a co-founder/CXO that's been accepted in Y-Combinator or similar programs? (does that satisfy the "attained membership in associations that require outstanding achievements....."?)

Question 2: In the mean time, if I want to register a company in the US (for liability reasons) to release a free app in the app store, can I do it under my current visa status (change of status from H1 to F1) if there are no plans of monetizing the app in the near future?

Thanks

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