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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

#361

Post by nb250 »

I'm here on an H1B. My employment sponsored I-140 was approved over 180 days ago. I'd like to change jobs, and my prospective new employer has renewed/transferred my H1B (not approved yet, but I have the receipt). The I-140 application has not been transferred

However, the day I intended to resign my current work I got a notification of interview from the USCIS (to take place in the next month or so).

The interview I'm told may result in getting the greencard on that da, or they may need up to 5weeks for additional review.

What happens if I do follow through and change jobs in the days prior to the interview, does that have any affect?

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

#362

Post by hnd910 »

proberts wrote: post #323
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.

Thank you. Have a great day!

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

#363

Post by toyg »

adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

I tried once about 15 years ago and didn't succeed. I can imagine the pool of applicants is even larger these days, if it can be done via the internet.

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

#364

Post by graeme »

proberts wrote: post #295
graeme wrote: post #216

How would you go about establishing us income for an E1 visa? Background is I showed the consulate all my sales reports. I'm in a niche where almost all worldwide sales are in the us. So about 85% of my sales are from there. They're not considering the documents. They want a report from an accountant or an auditor. I'm producing that, but given their extreme skepticism so far, I'm wondering if there's something else…

Which Consulate are you dealing with?

Toronto.

The in person interview didn't go as well as it ought to have. My lawyer neglected to have my 2016 tax return in the documentation they sent.

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

#365

Post by dudus »

prspecialist wrote: post #306

Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public Relations Specialist'. My employer is now starting the green card process. They are preparing the application, and have updated the job description to reflect my current responsibilities and minimum requirements. My BA major is a field called "Performance Studies', which is an obscure interdisciplainry sub-field of Social Sciences and Humaniti…

Do you have co-workers that do the same job you do?

If you do whatever job description they draw for you needs to apply to your coworkers as well. They can't say your job description requires a degree on "Performance Studies" while having other people on the same function with Marketing degrees.

PS: I'm not a lawyer, this info is based on legal advice I had when doing my own green card process from L1

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

#366

Post by qaq »

gragas wrote: post #62
qaq wrote: post #46

Earlier quoted context omitted.

Not a business account though

You are wrong. I am in the process of opening a business account remotely.

In the process sounds very nice which bank? (and are you a US citizen or resident?)

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

#367

Post by jaydenwindle »

sunir wrote: post #346
jaydenwindle wrote: post #332

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

Working as the CTO at an early stage startup. I've got about 6yrs of dev experience, but was under the impression that under a TN the only matching category was a computer systems analyst, which requires a degree.

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

#368

Post by prspecialist »

darrenmc wrote: post #351
prspecialist wrote: post #306

Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public Relations Specialist'. My employer is now starting the green card process. They are preparing the application, and have updated the job description to reflect my current responsibilities and minimum requirements. My BA major is a field called "Performance Studies', which is an obscure interdisciplainry sub-field of Social Sciences and Humaniti…

I am also on an E-3 visa, but as far as I understand there is no path to obtaining a green card. The intention of the E-3 is that you will not remain permanently in the US and so it is not possible to become a permanent resident.

This is incorrect. There are many articles on the topic that you can easily search online.

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

#370

Post by prspecialist »

dudus wrote: post #365
prspecialist wrote: post #306

Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public Relations Specialist'. My employer is now starting the green card process. They are preparing the application, and have updated the job description to reflect my current responsibilities and minimum requirements. My BA major is a field called "Performance Studies', which is an obscure interdisciplainry sub-field of Social Sciences and Humaniti…

Do you have co-workers that do the same job you do? If you do whatever job description they draw for you needs to apply to your coworkers as well. They can't say your job description requires a degree on "Performance Studies" while having other people on the same function with Marketing degrees. PS: I'm not a lawyer, this info is based on legal advice I had when doing my own green card process from L1

Thanks Dudus, this is a good point. I have coworkers who do similar parts of my job, but their role requires they do their function exclusively while my role requires that I do it all.
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