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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

#341

What advice would you have for someone who wants to immigrate from Canada to work in Silicon Valley but does not possess a post-secondary degree? Is there a particular visa that is well suited for tech workers without a post-secondary education?

I'm in this boat as well. I think I have enough experience to get through something like a TN under the Scientific Technician label, might be something that you want to look under too. The biggest problem is just finding someone that would be willing to sponsor that and jump through those hoops.

Also see this answer about H1B: https://news.ycombinator.com/item?id=15099615

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

#342

I'm going to the US on a J-1 visa, I don't have a Bachelor's degree, though I have 2 years pursuing it. It seemed unlikely I'd get a H1-b w/o the bachelors, what other options do I have? I've thought on going back to Brazil for a year, then coming back on a L1 as a last resort.

(IANAL) Don't forget that the J-1 (from Brazil at least) has a two-year home residency requirement that means you need to live in Brazil for two years before applying for any permanent visa. There's ways to petition for the requirement to be waived but I'm not sure about the details.

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

#343
Hi, I worked on a H1B from 2008 until 2009, then from 2013 until 2015 for a different company, all in all I have used very close to 3 years. 1- Can I reactivate my H1B at any moment to work for a company in the US for another 3 years ? 2- On a H1B is it possible to work in the US for 1 week per month and the rest remotely from abroad? Does it have to be at least 2 weeks per month? 4 weeks per month? Thanks so much for doing this!

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

#344

Earlier quoted context omitted.

What can I do to report and deport said illegal immigrant? Also, which legal authorities can be notified to punish said company?

Your obligation is to employ people who are authorized to work in the US and not to knowingly employ people who aren't authorized to work in the US. So, once you learn that an employee isn't authorized to work, your obligation is to terminate the employment relationship. You have no further obligation to report this person to the government.

OP here

Obviously the above and below situations are hypothetical. I am currently between jobs, and have never been an employer.

Let's imagine I was aware that a coworker is an illegal immigrant. Do I have any obligation to take some kind of action?

Would it make a difference if one of the C-level employees was the illegal immigrant?

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

#346

What advice would you have for someone who wants to immigrate from Canada to work in Silicon Valley but does not possess a post-secondary degree? Is there a particular visa that is well suited for tech workers without a post-secondary education?

What are you doing exactly? Some TN only require 3 years experience

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

#347
post #6

Are there legal ways to be hired as remote worker for a company that only has operations in the US and live/work from another country? Edit: As a Non-Us citizen.

One option is sole proprietor as a contractor. No benefits. Pay for your own equipment, office, telecom. Do your own payroll deductions. Ask for more comp in return.

As an independent contractor the client does not create a tax nexus in your country.

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

#348

Earlier quoted context omitted.

I waited for 3 years in a top American company and I concluded that I will be wasting all my productive years for a GreenCard. What use is a GreenCard to me when I am old ? What will happen to my kid's school and education if I am forced to move from one location to another ? What if I buy a home and I cant live in that because I have to move to another state ? Why can't I accept job roles which differs 50% than the…

Glad you made the move. Thank you for the info, will explore more. I have changed jobs about 5 times, each time the new employer had to redo the I-140 (retaining the priority date from the first application). The whole process is so broken. My colleagues from east Europe could get their green card within a year of application and yet Im forced to wait for years!

I fully understand. Australia is another option if not Canada. For me, I don't like to live on the edge, every decision I made in the US was dependent on my visa. Why should I risk and depend on my luck for US immigration's mercy when I have the skills ? I did not know the pitfalls of US broken immigration system when I came to the US. If I knew earlier, I would have immigrated somewhere else. Anyways all I can say is 4 years of my life was wasted by staying in the US.
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