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

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121–130 of 317 posts

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

#121
Thank you for your time. How hard is it to overcome the Labor Certification requirement these days?

For example.. if I have remote worker in Europe that worked in our custom built ERP/CMS system for a year... would my company be able to sponsor said employee on US soil, solely on the fact that they have this unique skills of knowing how to operate custom-built CMS?

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

#122

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.

Current priority date for EB-3 India is 2006. For it to clear all the 2007 priority date applications, it will take another 14 years [1].

Since my priority date is today, 12/19/2017, why do you think my wait time is only between 8-10 years?

Or, did you mean 810 years?

[1] https://www.cato.org/blog/no-one-knows-how-long-legal-immigr...

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

#123
post #114

What is the requirement in practice for a PhD student(in STEM, specifically bioinformatics, on F-1 visa) to get a green card on extraordinary abilities after they finish?

This is very case-specific so it's impossible to say but as a general rule, many PhDs, because of what it takes to get a PhD, qualify for an extraordinary ability green card. Publications, journal/conference review work, original research, etc. can support a strong application.

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

#124
> Please remember that I can't provide legal advice on specific cases for obvious liability reasons

If you didn't say that what could happen to you and importantly what is the probability that it would happen?

Are there cases where someone has taken comments and/or nominal advice and actually brought legal action because they relied on it? Would an attorney even take that case? Does the bar care for de-minimis things like this?

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

#125
post #120

On paper, E2 visas look fairly easy, as many active businesses can demonstrate $100k+ in investment/expenses and a decent business plan. What are the potential issues there? Why are those visas not more popular?

They oftentimes are easy and a great solution we handle a lot of them. The key, and sometimes the stumbling block, is that "investment" here doesn't just mean transferring money to the U.S. company but it also means the actual expenditure of a substantial portion of this investment by the U.S. company on legitimate business expenses.

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

#126

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.

If all I'm doing for this business is coding and I have less than 50% of the share, I'm not an employee and I'm not getting paid.

Is this considered like providing services?

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

#127
My partner was recently (Q1 2017) a visiting scholar at Stanford on a J-1 visa, and I tagged along on a J-2. We intended a repeat sometime in the next couple of years, but staff at the Bechtel Center suggested that the J-visa program might be going away or substantially revised to stymie our plans. They weren't able to elaborate, however. Has there been a change of J visa rules, and/or is there such a change in the offing?

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

#128
post #115

Earlier quoted context omitted.

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?

There is no question that the decision-making can be arbitrary and unfair and this seems to have increased under the current administration but still, even in this environment, if the job is clearly a professional job and the pay is above Level 1, then such petitions are getting approved.

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

#129

Earlier quoted context omitted.

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

If all I'm doing for this business is coding and I have less than 50% of the share, I'm not an employee and I'm not getting paid. Is this considered like providing services?

Yes.

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

#130

My partner was recently (Q1 2017) a visiting scholar at Stanford on a J-1 visa, and I tagged along on a J-2. We intended a repeat sometime in the next couple of years, but staff at the Bechtel Center suggested that the J-visa program might be going away or substantially revised to stymie our plans. They weren't able to elaborate, however. Has there been a change of J visa rules, and/or is there such a change in the o…

There hasn't been any change but there has been talk of tightening up the J-1 program.
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