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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

#191

Post by proberts »

dev_throw wrote: post #189

Hi Peter, thanks for doing this AMA. Is it true that your place of birth affects how long it takes to get a Green Card? I am a naturalized Canadian (on a TN Visa in the US), born in India, and entertaining thoughts of applying for a GC here. Since TN Visas have a limit of 3 years, I would want to get my GC before then, but the queue for India is gargantuan.

That's correct, what governs the wait times is country of nationality (which typically means country of birth), not citizenship so in your case your Indian nationality will govern.

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

#192

Post by dev_throw »

proberts wrote: post #191
dev_throw wrote: post #189

Hi Peter, thanks for doing this AMA. Is it true that your place of birth affects how long it takes to get a Green Card? I am a naturalized Canadian (on a TN Visa in the US), born in India, and entertaining thoughts of applying for a GC here. Since TN Visas have a limit of 3 years, I would want to get my GC before then, but the queue for India is gargantuan.

That's correct, what governs the wait times is country of nationality (which typically means country of birth), not citizenship so in your case your Indian nationality will govern.

Sorry to hear that, but thanks for the quick response!

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

#193

Post by funkaster »

Hi Peter, thanks for answering these questions! My question is related to the H1B1 (for Chile and Singapore). Is this still a visa that's relatively easy to get, even for startups? When I moved to the US it was only a couple of weeks (on my end, as an employee), no window and (virtually) no caps. How is it now for startups compared to the regular H1B? My understanding is that they only need to get the LCA for that position and the candidate can get the visa with that. Is there anything else the startup needs to do that would prevent hiring someone from Chile or Singapore?

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

#194

Post by proberts »

bbjunaid wrote: post #165

I'm a Canadian working for a tech company in US on TN Visa. I want to start my own endeavor and work in US. Can I start a company and sponsor my own TN visa? I've heard of friends who have sponsored themselves via their own startup, they usually put someone else as CEO and got that person to sign their employment letter. What are the liabilities of that person as CEO? I was considering making my friend a CEO and havi…

CBP and USCIS consistently deny TN applications by founders and owners now so this might be tough. Revenue or funding isn't required but the company must be able to pay the offered wage somehow although documentation of this usually isn't required/requested. An O-1 or an E-2 might be a better option.

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

#195

Post by proberts »

fggosselin wrote: post #155

In general, how safe is it to travel (to Canada) once I've received my EAD for a green card through marriage (to an American citizen). I entered the US on a TN visa. Do you know of cases where parolees have been rejected at the border upon return (assuming a short 2-3 week trip)?

Very safe.

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

#196

Post by ofcrpls »

proberts wrote: post #54
throwawayeng1 wrote: post #40

Hi Peter, Thanks for doing this. I'm on an H-1B visa and my employment with my current employer ends on the 31st of December. I'm interviewing with other companies and am close to offer from one, but most of my interviews are scheduled for after the holidays. I was wondering if I could: 1. accept the outstanding offer, get my visa transferred, but then accept another offer should I get a better one? 2. How long can I…

There is now a 60-day grace period after the end of H-1B employment so you would be considered in valid status and "portable" to a new company until the end of February, meaning that as long as the new employer files the H-1B petition before the end of February, you can remain in the U.S. while the petition is pending and even commence employment upon the receipt of the petition. And yes, different companies can file…

If the applicant does not have a filed H-1B petition within the 60 day grace period, can they continue to the stay within the US if their spouse is on a valid immigration status? Can the H-4 change of status be applied after this time while staying within the country?

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

#197

Post by proberts »

tnt242 wrote: post #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.

There are certain presumptions, that is, being outside the U.S. for at least 6 months or 1 year, that can cause problems but if these presumptions aren't triggered, the analysis focuses on intent: is your stay outside the U.S. temporary and is your intent for the U.S. to continue to be your permanent place of abode. If it is likely that you will be outside the U.S. for more than 6 months, then you should get a reentry permit (which is applied for using USCIS Form I-131).

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

#198

Post by [deleted] »

tnt242 wrote: post #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.

[deleted]

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

#199

Post by Maven911 »

I am on a TN1 visa and need to get a H1B as a next step: -two years in a row I have failed with my current employer, will I have better luck if I change employers ? Are their stats available ? -what happens if you are let go from your company and you are on a TN1, how long can I stay legally, but also practically speaking as well ? -will it be harder to get a re-stamped for a TN1 in the future ? NAFTA is being redrawn from what I hear.

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

#200

Post by proberts »

ChicagoBoy11 wrote: post #168

My current employer had agreed to participate in e-verify in order for me to be able to take advantage of the STEM post completion OPT extension. They have now backed away from that. What are my best options? I still have 2 months left of the original OPT period left.

Goodness. You need to find an e-verify employer very quickly or you need to get sponsored for some other visa category by your current employer such as O-1.
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