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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

#91

Post by proberts »

throwawayvisaq wrote: post #88

Hi, I'm currently living in the US as an O3 (the dependent of an O1), meaning that I can't currently work. Because of this, I've had to reject multiple offers of software consultancy work. I'm trying to figure out if there's anyway for me to get into a position where I can accept this sort of work. Is it possible to do my own O1 application that isn't supported by a company? Are there any other paths that I should be…

The most obvious option to me would be for your spouse to apply for a green card as a person of extraordinary ability (since he or she is in O-1 status, there might be a basis for such an application) and you, as his or her spouse, also would apply for a green card and receive a temporary work card after about 3 months while your green card application is pending.

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

#93

Post by barneydied »

Hi, can a non-profit organization working in partnership with a University qualify to apply for cap-exempt H1b visa? What kind of a partnership should they have? Is there a minimum salary limit for cap-exempt H1b visa because non-profits do not pay high salaries?

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

#94

Post by proberts »

btown wrote: post #90

Hi, thanks so much for doing this! Does the recent policy guidance in https://www.uscis.gov/news/news-releases/uscis-updates-polic... markedly increase the risk that an H-1B sponsored skilled technologist might (a) be unable to change jobs/sponsors, or (b) lose their visa altogether if they even try to do so? If either is true, we're worried from the hiring perspective that we could find an amazing candidate but lose…

This just means that no deference is given to an employee's current/previous H-1B approval but this doesn't mean that solid H-1B petitions are not getting approved.

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

#95

Post by stalwart_l »

I'm on a H1b and I've already applied for a green card on the extraordinary track. My application is pending, but I have an EAD + AP. Does this mean I'm allowed to take on contract work as long as I maintain my primary employment with my H1b employer?

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

#96

Post by proberts »

jhkim wrote: post #92

What do you think of the current situation of (ex-)DACA recipients? Do you think the tech industry in general would benefit legalizing those "dreamers"?

That's my personal feeling. I know a lot of talented dreamers in science and technology and others fields.

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

#97

Post by proberts »

stalwart_l wrote: post #95

I'm on a H1b and I've already applied for a green card on the extraordinary track. My application is pending, but I have an EAD + AP. Does this mean I'm allowed to take on contract work as long as I maintain my primary employment with my H1b employer?

As a general rule yes but the answer really depends on the basis of your green card application and where you are in the green card process.

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

#98

Post by lukeqsee »

stalwart_l wrote: post #95

I'm on a H1b and I've already applied for a green card on the extraordinary track. My application is pending, but I have an EAD + AP. Does this mean I'm allowed to take on contract work as long as I maintain my primary employment with my H1b employer?

Having just gone through this process for a green card by marriage, you can work for anyone once you have EAD. EAD + (multiple-entry) AP is practically a green card, albeit, without the official decision and could be revoked much more easily.

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

#99

Post by proberts »

xandar11 wrote: post #85

Can I get an E-2 visa based on revenues from my US company? I've read there is some minimum investment requirement (like at least $100k) for that visa. Can I use revenues/profits from an active US business to meet those basic requirements?

The E-2 requires a substantial investment by citizens or companies of the same nationality as the applicant so it's possible, if the U.S. company is the same nationality as the applicant, that revenues reinvested into the company could qualify as an investment for E-2 purposes.

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

#100

Post by tarunkotia »

Hello Peter,

USCIS released a memo 204(j) Job Portability (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoran...). Does it make sense for a founder of an early stage startup to go through with it or wait for the approval? USCIS has been taking unusually long time to process I-485.

Thank you!

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