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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

#241

Post by proberts »

novaRom wrote: post #238

Dear Peter, A citizen of Central Europe (not in Visa Waiver List) who needs to travel regularly to USA to attend different workshops/conferences. Every year I have to apply for B1/B2 (because of Technology Alert List I guess) anew. 1) Is there a better visa option especially if my main employer is a big tech US company? (with EU-based local R&D office) 2) May a B1/B2 holder do work for a short period of time (a week…

1) Possibly get an O-1 through your main employer in the US. And this doesn't preclude you for working for other companies when you are outside the U.S. 2) No.

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

#242

Post by _9qbm »

oneworld wrote: post #104

Hi Peter, Thank you for your time, I have been in the US for 16 years and stuck on the H1-B-> GC infinite wait list since I am from India. I co-founded a startup that now employs > 10+ U.S Citizens with ~ 1M ARR. Any advice on accelerating my GC application would be immensely helpful

I will write a bigger post later on. But whatever happens do not apply for I-485 till you get your I-140 approved.

I did that mistake and had to leave US recently after my I-140 and I-485 got rejected. Once your I-485 is denied - you can't move to options like O-1, E-2, B1 etc. H1 will be your only option.

As far as chances of EB1-A. If you work in tech and are a startup co-founder, the chances of getting an EB1-A currently are really low. I talked to quite a few top law firms recently - BAL, Wolfsdorf etc, and they all mentioned that tech startup founders are finding it really difficult to get EB1-A.

Two of my petitions were rejected. I had lot of media about me, sold a company, leadership positions in various companies, wrote a book which is part of MBA course, judge at hackday. Apparently that was not enough.

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

#243

Post by proberts »

godelmachine wrote: post #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

I think he will but this would require Congressional action which I think is unlikely even with this Congress.

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

#244

Post by cvaidya1986 »

proberts wrote: post #227
olivertang33 wrote: post #222

Hi Peter, I'm a currently on the H-1B work visa. Is there any way for me to either: 1. start a company with another co-founder, who is an American citizen? or 2. Get accepted to an incubator program such as YC (with an american co-founder) and be a part of the program under legal work status?

Yes but ideally your USC co-founder should own a controlling interest and you should establish an independent board of directors that can fire you.

I thought one can solely form a Corp on H1 as long as one doesn’t draw salary?

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

#245

Post by proberts »

aanajpure wrote: post #197

Hi - Can I transfer my Green card processing to another employer given the below? 1. My I 140 is approved. 2. I do not have the I 140 physically in my hand from the current employer.

Yes, if the I-485 has been pending 6 months and you'll be working in the same or similar "occupation" with the new employer.

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

#247

Post by outworlder »

proberts wrote: post #236
outworlder wrote: post #210

Hi Peter, I am currently on a L1B Visa, company wants to sponsor the green card process. As part of the initial process, they asked my manager for a list of skills that I possess, and to me they asked me to fill in how I got those skills and how to verify them (diplomas, letters from employers, etc). I have picked plenty of those when I had my own company and also on my own, but apparently this is usually not admissi…

How long have you been with your current employer in the U.S., have you held different positions with this company, and how long were you employed before transferring to the U.S.?

In the US: Since November 1st, 2015.

I always get confused about what a 'position' is, in this context. The company job code is the same, although I have switched to a different group(more devops oriented, rather than just software development, although it is still a major part of what I do).

I was hired and worked as an employee for the overseas "affiliate" for exactly 1 year, after working a little under 2 years (same project) as a contractor from another company – that company is still in business and I can get the letter from a former manager.

Total work experience dates from 2004, but most other companies did not survive to this day.

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

#248

Post by proberts »

afsana wrote: post #187
proberts wrote: post #170

Earlier quoted context omitted.

No, you are not barred but we should talk because the issue is a complicated one.

> No, you are not barred but we should talk because the issue is a complicated one. Thanks a lot. Any comment on EB-1 eligibility? How can I get in touch with you outside HN? Thank you. ## EDIT ## Hi Peter, Sorry to bump this [0] -- I know you have a lots of new questions to answer. Before you finish today, I'd really appreciate if you could please leave some comments on EB-1 vs employer sponsored GC from eligibility…

Sorry. My email address is in my profile and you are welcome to get in touch with me. In short, an EB1A GC application is a lot faster but the standard is much higher than a PERM-based GC application.

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

#249

Post by proberts »

Trezoid wrote: post #224
proberts wrote: post #156

Earlier quoted context omitted.

It's definitely allowed but there are certain minor requirements and restrictions specific to those in TN and other non-dual-intent statuses.

As an Australian E-3 holder, what kind of requirements/restrictions?

We should talk. Although an E-3 is like an H-1B, there also are significant differences.

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

#250

Post by proberts »

Biba89 wrote: post #177

Hi, thank you for sharing your time with us. I have this case: 11 months ago I sold my company and obligated to run the company as CEO for the next 12 months (which is ending with September 1st). Also, I invested in another SaaS product and team on the side, but that product is still in private Beta and has 5000+ Non-paid users (and patment gateway will be ready from October). Also, my current salary is pretty much g…

What's your current immigration status and country of citizenship?
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