Peter, thanks for doing this. For someone with I-140 approved and now waiting for the priority date to become current for a long time due to the GC backlog, how does relocating outside the US affect the validity of I-140 approval? Or in other words, is it possible to quit the sponsoring employer, work in the home country till the priority date is current, and then restart the GC process using the last I-140's priorit…
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
251–260 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#252Dear 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.
Peter, does this get Extraordinarity usually demonstrated through high salary and or patents or something else? What is the typical threshold there? Knowing this would help to convince my employer to invest in this process.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#253Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#254From what you've seen, which TN visa categories have the highest approval rates and which have the lowest?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#255E-2 and acquisition What options are there for a startup founder in E-2 status (or on an E-2 visa) when the startup is acquired? Thanks a lot for doing this AMA!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#256Peter, thanks for doing this. For someone with I-140 approved and now waiting for the priority date to become current for a long time due to the GC backlog, how does relocating outside the US affect the validity of I-140 approval? Or in other words, is it possible to quit the sponsoring employer, work in the home country till the priority date is current, and then restart the GC process using the last I-140's priorit…
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#257Earlier quoted context omitted.
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
#258Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#259Hi Peter. I am an international student from Vietnam and I am on F1 visa. I wonder if it is possible for the employer to apply for GC right when I first start at the company? If it is, is it possible to get GC without having to go through the H1B route, providing that I have 3 years on OPT total (1 normal OPT and 2 years on STEM OPT)? Thanks a lot.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#260Hi there Peter, I'm a Canadian citizen currently residing in Canada. I would like to incorporate a US startup (Delaware C Corp I guess.) I don't have any familial ties to the US, but my business partner is a US citizen. What are my options for incorporation in the US? And what considerations should I be concerning myself with? I would have controlling ownership of the company ideally. Thanks for your time!
Not Peter obviously. You do not have to be a US citizen to start a corporation in the US, or to be the controlling shareholder. You can incorporate the business from outside the country. No need to have pre-existing ties to the US, and you don't even need a US business partner (could be helpful to have someone in the country however). You do not need a US address either, to form the corporation. If I'm not mistaken,…