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

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131–140 of 341 posts

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

#131

I really want to move to the US, it's one of the only things I'm sure I want to do with my life at the moment. But, I have no idea what the best/viable routes to take are. If I was prepared to do (pretty much) anything, What do you think would be the easiest way to immigrate to the US?

My answer will depend in part on where you are from and your background but the short answer is work for a large global company and then after one year seek to transfer to the U.S. on an L-1 visa.

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

#132

Peter - Can a large company like Amazon sponsor an individual for the green card directly without going through the an H1B visa?

According to my understanding, GC has nothing to do with H1B visa. How will you work in the US while you obtain your GC? You can work at their foreign offices until your priority date is current and opt for consular processing.

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

#133

Earlier quoted context omitted.

Still high if the individual's background is strong and the national interest is clear.

Would you please elaborate on strong individual background?

Advanced degree and/or Track record of accomplishment and "well-positioned" to serve the national interest.

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

#134
Hi Peter,

My father has applied for my GC and the processing may begin after several years. He’s a GC holder, and may have his oath of citizenship done soon, his lawyer expects the oath to happen this year. I believe I fall into EB2 category.

Meanwhile, are there any chances that Trump may try to kill those GC aspirants who are coming via family route?

Thank you

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

#135
post #48

Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?

It's incredibly frustrating of course. The only short-cut is via an EB1A green card or marriage to a USC, which are very limited options. That being said, we've helped many stuck in the backlog through the EB1A path.

or EB1C

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

#136
post #64

Earlier quoted context omitted.

There are exceptions and nuances but the short answer is no to both, not without separate work authorizations for these activities.

To me it seems that the answer to this question is contradicting your answer to "Can a F1,J1 or H1B visa holder register a company outside USA (home country)?" - am I missing something? Or are we assuming that just "registering a company" doesn't imply earning money? :)

Where the work is performed and where the beneficiary of the work is located can affect the answer.

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

#137

Hi Peter, A friend of mine is a US citizen from Iran. His father is receiving medical treatment in the US for a very serious condition. His mother wants to visit to be with her husband, but has been unable to get a visa due to the Travel Ban. How can we petition for a waiver? We have contacted congressional representatives, so far no answers. Worried that his mom may not have the opportunity to see her husband if his…

So she applied for a visa and wasn't granted a waiver?

Yes, she has applied for a visa multiple times, and has taken medical documentation on her husband's condition. So far she has not successfully obtained a visa.

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

#138

Hi Peter, These days, will getting an MS from a US university help in any way in expediting Green Card? I have not begun applying to MS yet

If you are from backlogged countries (India or China), your best bet is one of the following options,

1. Marry a USC. 2. EB1A / B 3. EB1C

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

#139

Hi Peter, Should a person who is in H1B wants to create a startup in US, what kind of VISA issues that he/she might run into?

Generally, an H-1B through the startup won't work so you have to look at other visa options and oftentimes, under current law, this is limited to an O-1 or E-2 if the founder is a citizen of a country that gives rise to an E-2.

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

#140
post #109

Earlier quoted context omitted.

Thanks. My masters and PhD are in Electrical and Communication Systems Engineering (EE; TeleComm). My initial H-1B in Dec 2016 was granted without any hiccups, but it seems that the transfer is about to take ages. Also, I didn't receive any 221(g) slip after the interview. In fact, the visa interview officer was quick to add that my visa was granted, and I was asked to make the visa issuance fee at the consulate (whi…

Bottom of the pile or sitting on the desk of an officer on leave. It's impossible to say how long but 3 months is a long time already.

Thanks again.

My previous/original H-1B visa is still valid (expires in 2019), and as an Australian citizen, previously I could travel to US with ESTA for less than 90 days.

While being on "Administrative Processing", am I completely barred from entering US with the previous H-1B visa, or with ESTA until a decision is made? If H-1B is denied for some reason, how would it impact my ability to travel to US in the future?

Thanks a lot.

P.S.

I actually have a bachelor, double masters and double PhDs (from two different universities), multiple academic publications, patent, and a book that I think should count as publication. Do you think I could be eligible for EB-1, EB1A?

My plan was to apply for residency in US (via Green Card) after H-1B was granted this time.

Thanks a lot.

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