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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

#201

Post by proberts »

hdivider wrote: post #159

If a non-US citizen works with a US LLC remotely, with changing responsibilities (basically as an informal partner in the firm), is there any immigration path to bring this person into the US? [Side note: thank you for doing these repeated AMA's, Peter. You address a vital, often deeply emotional problem for countless people. Hats off to you for taking the time to de-mystify so much of this.]

Thanks for your kind words. This will depend on the individual's background/accomplishments, country of nationality, and funding and nationality of the U.S. entity but, putting aside country-specific visas, the options would be the O-1 or E-2 or possibly even a green card if his or her background is strong enough.

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

#202

Post by proberts »

porsupah wrote: post #169

If someone changes their name, does the timing matter with regard to an H-1B application? ie Does it matter much, beyond notifying them, and if so, is it better to perform that change before/during/after the processing?

It shouldn't matter and if there is a disconnect between documents, the name change documentation should alleviate any concerns.

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

#203

Post by karaulo »

Hi Peter, I've just started my GC process with my employer and been told that my immigration attorney to choose between EB2 versus EB3.

I'm from a country that's counted "Rest of the World" and I've been told that even though EB2 is quicker, the risk with EB3 with RFE makes things may make life harder for us, especially a good part of my employment back in my country of origin was self-employment and kind of hard to prove employment (say versus working for a corporate).

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

#205

Post by proberts »

kytgrace wrote: post #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?

The answer to your first question depends on the green card path he will be taking and his country of nationality. Regarding your section question, once the I-140 petition for your husband is approved, you can apply for a work card and the process right now is taking about 3 months.

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

#206

Post by kreeWall »

Hey Peter! Thanks for doing this! I'm currently working on OPT STEM extension (F1 has expired so no re-entry) and my company is trying to apply for my H1B - am I allowed to work towards an online masters? Do I need to be on a new F1 to do this or can I just do it? Is this different depending on how many credit hours I take and whether I do this degree seeking or not? Also, can I take random classes at a University or Community College in person during these visas or is that not allowed? Thanks!!

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

#207

Post by [deleted] »

proberts wrote: post #151
arunpn123 wrote: post #141

What are things I could do to improve my resume for EB1 category Greencard in the next year or so? I am currently on H1B working as a SWE at a top Silicon valley company (think Google/FB). I have a Master's degree in CS from a top US university and have a couple of years work experience. According to the company attorney, I qualify only for the EB2 category. Unfortunately, the EB2 queue is extremely long since I am f…

I would need to explore your background further but some options are to do journal/conference review work (this is more available than many people realize) or try to obtain a higher level of membership at IEEE, for example, or other similar organizations.

[deleted]

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

#209

Post by GFischer »

I'm currently working for a large U.S. company, on their offshore global services subsidiary, as software developer. I've been working for a year and a half (fully employed).

First question is, do I qualify for a L1B Visa? (I have both a bachelor's and Master's)

Second question is, do you consider that a good route to a Green Card? I wouldn't want to go to the U.S. unless I'm confident I can go the Green Card route.

If I chose to go with an L1, I have to stay with the same employer until the Green Card goes through right? (and they must not fire me, which is an unfortunate possibility with any company).

Thank you very much for the answers in this thread.

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