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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

#131

Post by tarunkotia »

proberts wrote: post #111
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.

Thanks for your answer. I've been waiting for approval with 330 days already elapsed. I've not got any RFE yet.

I agree that interview process has been speeding up approvals, I see a lot approvals post-March on various forums but my case is pre-March 6, 2017. I am in doubt if I should wait to get approved or to move on to my own startup given USCIS has really slowed and there seems to be no end in sight.

[edits: typos]

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

#132

Post by proberts »

jogjayr wrote: post #101
nnd wrote: post #71

Earlier quoted context omitted.

No, technically you can’t even check your email.

I thought the B1/B2 was a business/tourist visa. You can't check email if you enter on a business visa? Business does seem to be the purpose of GP's trip.

The issue is who is the primary beneficiary of your activities in the U.S. so if you are in the U.S. on behalf of a foreign employer and remain an employee of this company while in the U.S., you can check your email and perform other activities that benefit your foreign employer.

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

#133

Post by proberts »

suryacom wrote: post #122
proberts wrote: post #112

Earlier quoted context omitted.

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...

There is an ebb and flow in the progression of priority dates but yes, the process could take longer than 10 years.

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

#134

Post by nawgszy »

As a Canadian citizen who is working in California under a TN visa, I am interested in starting my own Canadian company and working on contracting / consulting work via said company.

All the money I make through said company would be paid to me in CAD and stay in my Canadian accounts, which I doubt really matters. I do not see why there would be legal issues with this, but this seems like a good opportunity to ask someone who might have a better picture.

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

#135

Post by proberts »

barneydied wrote: post #93

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?

As a general rule, this is possible and there needs to be a clear arrangement where the non-profit is serving the goals of the university but the same H-1B wage requirements apply.

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

#136

Post by lucascarvalho »

proberts wrote: post #129
lucascarvalho wrote: post #126

Earlier quoted context omitted.

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.

How about when I get the EAD? Can I issue shares and provide services?

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

#137

Post by simplecitizen »

jaredhansen wrote: post #10

What do you think of https://www.bridge.us (SaaS platform for immigration)? I haven't used them yet but I'm a fan of the team and the concept. We have sponsored a number of J and H visas for various people at Breezy, and I'm curious to hear your thoughts on the value of this platform and/or any competitors. Thanks in advance!

Hey Jared, great idea and they do have competitors, SimpleCitizen (YC S16) https://www.simplecitizen.com/business/ is one and does a great job simplifying all/most of the business visas used to sponsor US employees.

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

#138

Post by proberts »

nawgszy wrote: post #134

As a Canadian citizen who is working in California under a TN visa, I am interested in starting my own Canadian company and working on contracting / consulting work via said company. All the money I make through said company would be paid to me in CAD and stay in my Canadian accounts, which I doubt really matters. I do not see why there would be legal issues with this, but this seems like a good opportunity to ask so…

That could be viewed as self-employment which is prohibited and regarding how you get paid, you should contact a U.S. tax accountant because my understanding is that you still would be subject to the payment of U.S. taxes.

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

#140

Post by accountforvisaq »

Hi, I hold a TN-1 Visa through an Employer in Oregon.

I signed and returned an offer letter with a different company.

After receiving the offer I signed, the company called saying I'm ineligible to work in their data center, with their data, as a non-american citizen. They will not hire me. I have signed nothing further.

(We signed the offer and worked on Visa transfer in parallel.)

Do I have any options? What law prevented me from working?

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