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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

#261

Post by redbrick »

proberts wrote: post #232
tony101 wrote: post #207

Hi Peter. What are your thoughts on the government counting derivatives of employment-based green card applicants against the per-country and overall quotas, thus worsening the current visa backlogs? There are opinion articles that argue the government's interpretation of the law is wrong and could be challenged[1]; I would be interested to hear your thoughts on this issue. Thank you! [1] https://www.cato.org/blog/pr…

I think that it's clearly wrong and it's clear that the motivation is political not legal.

Can we litigate this? It would help move the India/China GC line.

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

#262

Post by proberts »

sverhagen wrote: post #193

Thank you for your time. My question is not pressing (particularly since I haven't yet researched it exhaustively online myself) but I'm a Dutch citizen and US green card holder (marriage-based), and I'm wondering to what extent I'd jeopardize my green card by living/working abroad (e.g. Europe) for a while (like a few years)?

There are ways to protect your green card status while living outside the U.S., even for years, if your intent is eventually to return to the U.S. The document to research is called a reentry permit.

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

#263

Post by proberts »

mdeligoz wrote: post #253
proberts wrote: post #165

Earlier quoted context omitted.

An E-2 also might be an option if the U.S. company is majority Turkish owned. We've done this for a number of Turkish entrepreneurs/companies.

Great. We'll look into it and how do we reach you?

My email address is in my profile. Feel free to reach out to me.

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

#264

Post by shreyaaga »

Hi Peter,

Thanks for taking time. You mentioned earlier that people on H1B can file for a part-time/concurrent H1B with the start up that they are founding. I have couple of questions with this approach 1. Can I register the company with 100% ownership while working on H1B full time? Can this company make money?

2. What will be the requirements for this new company to file for concurrent H1B

3. Any recommendation around which type of company (LLC, C-corp, etc)

4. Is there a minimum requirement around the number of employees, funding amount and VC investment for this new company's H1B petition to be successful?

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

#265

Post by proberts »

IDTheft wrote: post #113
garyfirestorm wrote: post #23

What would you recommend to an H1B holder in terms of next steps? Applying for green card through employment(EB2) would take really long (Indian nationality). Does pursuing PhD improve the chances any better (EB1?)

The shorter and an easier route is to get transferred as a manager. If you are from India, join an Indian company which has a US office or US HQed company based in India (or any other country, maybe Canada), get promoted to manager and transfer to US on EB1C. There are certain restrictions, you have to be outside US for atleast a year and some other restrictions. But, this is the shortest route. Do not be like me and…

That's all correct although an advanced degree also might help you qualify under the EB1A category (assuming that you publish, etc.).

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

#266

Post by shinji97 »

IDTheft wrote: post #132
electricwater wrote: post #84

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.

Would a TN visa allow you to do this? As in obtaining a GC while staying with a TN? Thanks

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

#267

Post by proberts »

outworlder wrote: post #247
proberts wrote: post #236

Earlier quoted context omitted.

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 (s…

It's hard for me to comment without knowing more about your position and job requirements but it sounds like you have plenty of experience to meet the requirements for the job and you can rely on and document experience gained through companies that are now out of business through letters from former supervisors or colleagues.

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

#268

Post by proberts »

cvaidya1986 wrote: post #244
proberts wrote: post #227

Earlier quoted context omitted.

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?

There's no issue with forming a company but you can't get an H-1B through that company if you control the company and you can't "work" for that company even if you don't draw a salary unless you have work authorization through that company.

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

#270

Post by proberts »

flatfilefan wrote: post #252
proberts wrote: post #241

Earlier quoted context omitted.

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.

"Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor." 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…

There are a variety of criteria and high comp and original contributions (patents) are just two. The others are publications, press, essential roles for distinguished organizations, memberships, and journal or competition review. And you must meet at least 3 to qualify for an O-1 visa.
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