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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

#111

Post by proberts »

tarunkotia wrote: post #100

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!

If I understand you correctly, we've had no issue with I-485s being approved for those who change jobs (but remain in the same field) and in fact the interview requirement seems top be speeding up the approval of I-485s.

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

#112

Post by proberts »

suryacom wrote: post #107

How many years will I need to wait for my green card? I'm from India on H1B - EB3 and my priority date is today. P.S. I know it is hard to give exact number, but even a ballpark estimate would be highly appreciated. Thank you

Goodness, a very long time, 8-10 years.

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

#113

Post by proberts »

thekonqueror wrote: post #109

Hi Peter, Thanks for doing the AMA. Do you also work with companies that are not part of YC? If yes, how do I get in touch with you?

Absolutely. Actually, I'm not sure if I can give out my email address but the Hacker News administrator can give it to you.

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

#115

Post by btown »

proberts wrote: post #94
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.

Thanks! If you don't mind me asking a followup: when you say "solid," is there randomness in the this re-approval/transfer process (as there is with the lottery for initial H-1B applications), or is it really just the office ensuring that all requirements are met?

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

#116

Post by lucascarvalho »

I'm currently holding an H1B visa and my friend started a business where he currently owns 100% of the company. Before moving forward with any additional share issuances (to myself and potential investors), we wanted to fully understand my eligibility and any complications that could arise as a result.

Given my current visa status, am I permitted to receive shares without any legal implications?

I'm also really close to getting the EAD, should I wait for it? And once I have it, how can I proceed to issue the shares from a legal perspective? Can I only issue the shares once I have the green card without any legal implication?

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

#117

Post by proberts »

stalwart_l wrote: post #110
proberts wrote: post #97

Earlier quoted context omitted.

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.

My basis is as an extraordinary research scientist in a specific basic science field that has strong overlap with data science. My I-140 is still pending (filed on June 1, I have a concurrent filing for a 485). The contract work that I would be doing would also leverage the skills that form the basis for my EB1 petition (so not work that would be totally outside of my stated expertise)

You should contact me so that I can get the specifics but it sounds like you should be able to do contract work without this affecting your green card application. To be clear, the issue is not being able to do contract work, the EAD allows you to do this; the issue is whether this could impact your green card application.

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

#118

Post by thekonqueror »

proberts wrote: post #113
thekonqueror wrote: post #109

Hi Peter, Thanks for doing the AMA. Do you also work with companies that are not part of YC? If yes, how do I get in touch with you?

Absolutely. Actually, I'm not sure if I can give out my email address but the Hacker News administrator can give it to you.

Thanks. I'll contact HN admins.

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

#119

Post by proberts »

lucascarvalho wrote: post #116

I'm currently holding an H1B visa and my friend started a business where he currently owns 100% of the company. Before moving forward with any additional share issuances (to myself and potential investors), we wanted to fully understand my eligibility and any complications that could arise as a result. Given my current visa status, am I permitted to receive shares without any legal implications? I'm also really close…

There is no issue with your receiving shares as long as you are not providing services to this entity.
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