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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

#171
My husband is currently holding an H1B visa, and we are planning to start our green card application process, wondering how long does it usually take?

Also, I'm holding an H4 visa, hoping to work in the States legally, so on which stage of green card applying process, I could start my I765 Form application, and how long does it usually take?

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

#172
Hi Peter,

Graduating STEM master's student going into tech firm.

You mentioned in another comment how the H1B lottery leads to ~30% chance of getting selected each year. Do you have an estimate for candidates with advanced degrees (master's, specifically)?

Also, there seem to be a lot of potential changes to the whole OPT -> H1B -> ... path. Some comments, like this one [1] from an immigration attorney, suggest the STEM extension might disappear (so fewer shots at the lottery), but also suggest petitions for highly paid workers might be given priority. Do you feel positive about the chances of highly paid workers to obtain H1Bs in the coming years?

[1] https://www.linkedin.com/pulse/potential-changes-high-skille...

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

#173
post #81

Has Trump being elected affected the rate of applications from people wanting to go to the US? Are there any other factors that affect the rate?

I can only speak anecdotally but I know of a number of entrepreneurs/founders who have decided to set up shop elsewhere, in Canada for example, because of concern about the perceived restrictive and hostile immigration environment in the U.S.

Thanks for the reply.

Personally I've travelled to the US many times over the last 9 years from the UK (I don't want to move there, but have been happy to travel), but have done so less frequently since Trump was elected. No particular reason, it just feels a bit "dirty".

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

#175
Hi Peter, I recently received my green card after having held H1B for the maximum 6 years. That's great but what do I do if I want to work outside the US, perhaps remotely for a US company? I gather the Green Card expects me to have certain sorts of attachments or days/year in the US. Also of course I don't want to pay income tax twice. My long-term domestic partner is a US citizen.

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

#177

Earlier quoted context omitted.

Thanks for your time. That's interesting. I guess this might be a little more nuanced than I thought. So, despite the fact that the company would be a Canadian entity, I would be considered self-employed. Would a simple workaround be enough to thwart this, such as having a friend own the business, and proceed to hire me as a remote employee?

Not OP, but there's two concepts you're confusing: Residency and Tax Residency. Tax residency, for mortals, is normally where you live and work, so for you, even with the Canadian company, it'll probably be the US.

If I pay American taxes and not Canadian taxes, that's fine. A bit unfortunate because the bracket I'll be in is higher as is the tax rate, but not the end of the world.

The only real obstruction I'm worried about is the legality of doing that work for money. I have some friends who I could employ too, and lots of cash could just sit with the company, but if I can't work for that entity (legally) there's no point in starting it.

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

#178
Hi there! I'm living in a third world country, and I need to move to a good English-speaking country that respects human rights, where I can have unrestricted internet access, and can safely build my startup without being fucked with.

I'm a good programmer, but I'm self-taught, my degree is unrelated to CS, so that makes things more difficult. I probably need a startup or self-employed visa.

What are my best options?

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

#179

Is there any possibility that the Fairness for High-Skilled Immigrants Act of 2017 ( https://www.congress.gov/bill/115th-congress/house-bill/392/... ) would see the light of day anytime soon? This act would eliminate the per-country numerical limitation for employment-based green card petitions. Also, what would be the implications if this bill does become law?

There is a chance although any major overhaul of immigration laws almost always requires the support of both parties so I think the chance is still low. It would have a profound impact, I think, both repressing and encouraging immigration to the U.S. but the exact parameters of this are hard to say.

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

#180

Hi there! I'm living in a third world country, and I need to move to a good English-speaking country that respects human rights, where I can have unrestricted internet access, and can safely build my startup without being fucked with. I'm a good programmer, but I'm self-taught, my degree is unrelated to CS, so that makes things more difficult. I probably need a startup or self-employed visa. What are my best options?

It's hard to say in the abstract. Please send me your resume.
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