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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

#41

Post by bankim »

proberts wrote: post #21
bankim wrote: post #16

How does a non-immigrant who is currently on H1B visa in the US go about starting and working for their own company?

There are several options which will depend on your background and country of citizenship, among others, such as the E-1, E-2, H-1B, O-1, and visas specific to certain countries of citizenship but many of these require the establishment of an employer/employee relationship, which can be a stumbling block. That is why, if possible, the E-1 and E-2 (and O-1) are oftentimes the best options for founders/entrepreneurs.

Indian so E-1, E-2 is out. Thanks for the response.

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

#43

Post by rishimukherjee »

I work for a US-based startup from India. The company was started in January 2016 and I joined in June 2016. The company applied for my H1B and I got into the lottery and I gave my interview in September 2017. The CEO of the company I work for is same as the CEO of the previous company I worked for. He left and started a new company and I joined him. It's now 3 months since I gave the interview. USCIS gave me the 221g form. Do you think I have a chance of getting the visa or have you experienced a similar case? Thanks!

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

#44

Post by proberts »

mattm wrote: post #35

I recently discovered that there is a direct path to Green card from a TN visa although it does involve a little more restrictions. In your experience, what are the pros and cons of pursuing this path compared to transferring to an H1-B first?

There's really not much difference between the two other than that for someone in TN status unlike someone in H-1B status (1) the intent to apply for a green card should occur after his or her most recent entry to the U.S. and (2) once a green card application is filed, he or she won't be able to travel internationally until he or she receives a temporary travel document called an advance parole.

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

#45

Post by proberts »

rishimukherjee wrote: post #43

I work for a US-based startup from India. The company was started in January 2016 and I joined in June 2016. The company applied for my H1B and I got into the lottery and I gave my interview in September 2017. The CEO of the company I work for is same as the CEO of the previous company I worked for. He left and started a new company and I joined him. It's now 3 months since I gave the interview. USCIS gave me the 221…

But you will still be coming to the U.S. to work for the sponsoring H-1B company? If so, then you should be fine even though your employment in India has changed.

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

#48

Post by tinkyada »

Don't know if this is the forum to ask or you have the knowledge but i'll ask anyway. Is there a reason why India alone receives more than 70% of all H1b visa (more than twice every other country combined)? Is this by design or accident? (Also I find most immigration question forums tend to be dominated/overwhelmed by Indians and their specific immigration questions) *update with relevant link: https://www.recode.net/2017/4/13/15281170/china-india-tech-h...

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

#49

Post by proberts »

seshagiric wrote: post #42

Hi Peter, Related to greencard - is it possible to change jobs after receiving just I-140? if so what is the process/ documentation one needs to have. And big thanks for doing this. We really appreciate your advice.

If the I-140 was not a self-petition, you will need to start the green card process all over again with your new employer. The only benefit that you will keep is the priority date from your first green card application.

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

#50

Post by andrew-d »

copperx wrote: post #31
proberts wrote: post #9

Earlier quoted context omitted.

Not really other than applications for admission in TN status seem to have become more difficult and irrational.

As someone on a TN, can you expound a bit on that?

Yeah, as someone also on a TN, I'd love to hear more. I'd also love to know what the renewal process has been like for people that have been in the USA for a while (I've been here for 4 years and am looking to renew next October).
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