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

news.ycombinator.com

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

#321

Post by proberts »

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.

It's a longer discussion which I would be happy to have with you but there is no question that an E-3 worker can apply for a green card while in E-3 status. The short explanation is that the issue is intent at the time of admission and intent can change after admission.

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

#322

Post by peterburkimsher »

I went to Los Angeles and did a summer job at Axiotron in 2008. Then I tried to convert to a student visa when I moved to study at UCSB for an exchange programme.

My address changed, and I never got a letter asking for proof of funds. The USCIS didn't recognise the letter from my parents' bank.

I petitioned to reopen the application when I found out it was denied. I waited for months, and eventually was given 30 days to leave the country because I didn't have $25,000 cash in my own name (I was 19 years old. I still don't have that much money now). Thankfully I was already scheduled to leave 7 days later - the process had taken the entire year, so I finished my exchange programme.

I think that means the US kicked me out, and I can never get a visa to go back. I did travel there as a tourist once, over land from Canada just in case.

Is it worth ignoring any opportunity to work in Silicon Valley because of that bad experience? I'd rather work in New Zealand or Canada or (stay) in Taiwan anyway.

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

#323

Post by proberts »

hnd910 wrote: post #249

I'm a H1B holder. Can I apply for the green card my self? What is the major factor to apply it (money, skills, works profile...)?

Essentially, there are 3 grounds for self-petitioning: through investment or based on extraordinary ability or national interest. The major factors depend on the path.

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

#324

Post by proberts »

geff82 wrote: post #11

Hi Peter! I would like to move to the USA on an E-2 Treaty Trader visa. Problem: wife is Iranian (and so far only has such passport). She also owns some land in Texas. Any way for us to move anytime soon?

Yes, her Iranian citizenship doesn't mean that she can't get a nonimmigrant visa even under the current limited ban.

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

#325

Post by tehlike »

proberts wrote: post #150
tehlike wrote: post #85

Earlier quoted context omitted.

What is the reason you dont naturalize? Future tax concerns?

Not so much for tax reasons - because permanent residents are generally subject to the same taxes as citizens - but for estate planning purposes,

That is why i said future tax. Like you hit it big, and wouldnt want to deal with renouncing your citizenship.

Otherwise you dont really need to be a perm resident. Being resident for tax purposes is sufficient.

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

#326

Post by proberts »

throthrothis wrote: post #111

Please all H1Bs of Indian nationality. Do not waste your time, age, money and family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada, Australia or somewhere else. Live a good life rather than being indentured servants for US corporations for a good chunk of your productive age. I moved to Canada some years back and I am really happy about my decision.

Not to move too far afield from immigration but my take on this is similar but slightly different: it's easier said than done but my advice is not to let the goal of a green card dictate decisions about where to work - that is, don't pass up good opportunities because of immigration considerations.

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

#327

Post by proberts »

tush726 wrote: post #38

What does it take a start up founder to get an O1 Visa approved ?

It's a mix up factors so it's hard to say in the abstract. For example, a lot of good press might mean that you can get by with fewer publications or awards. But for startups, it's important, whatever form the evidence takes, whether clients or press or funding, that USCIS sees some external market validation of what you're doing.

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

#328

Post by user-on1 »

proberts wrote: post #275
calvinbhai wrote: post #273

Earlier quoted context omitted.

Follow up question based on "value not being limited to cash compensation" So it'll work well until getting accepted into a program like ycombinator, but I'll have to explore the O-1 visa options after getting accepted? Thanks.

It's a bit more nuanced than that, meaning that a work visa isn't necessarily required.

So on H1B one can create an android app and upload to play store? If it is just for learning purpose and not going to derive any value?

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

#330

Post by proberts »

richardknop wrote: post #13

Hi. How hard is it to qualify for a L1B visa? Is the requirement to spend at least one year working in overseas branch/office of the company fixed or can it be relaxed in some cases?

Individual L-1B petitions are very tough these days. The one-year of employment with a related entity abroad is the minimum requirement but you also must demonstrate the possession of "specialized knowledge," an elusive concept which is subject to seemingly arbitrary decision-making by USCIS.
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