Hi Peter, I am an alien on a J-1 visa without the 2-year rule. If I get married to a US citizen, how long should I expect to wait before I am able to work for an employer that is not my J-1 host institution?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
271–280 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#272Peter, 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…
Yes to your last two questions. And regarding your first question, being outside in and of itself does not impact the validity of the approved I-140 but changing employers does.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#273Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#274Thank you for answering so many questions. It's been helpful and I think I know the answer to my question, but thought I should ask explicitly anyways.
I am on H-1B with mid-2017 priority date. I am of Indian nationality, approved for GC and have got H4 EAD for my wife.
There are things I want to work on that could be monetized over the long term (websites and online services). My family members have similar interests.
Is it OK for me to be able to contribute to the set up and growth of the business(es) without being a stakeholder? For example, the ownership can be with my brother (based in India) and my wife (based here in US) with the parent company based in India. I would personally get no stake in the business or any part of the profits.
I like my job and will stay full-time with my employer. Does this situation violate my H-1B status requirement in any way?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#275Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#276I am going to sign off now. As always, it was a pleasure and honor to correspond with everyone. If I missed your question or if you have a question not asked, either post here - I'll be checking in over the weekend - or send me an email (my email address is in my profile). Have a great weekend.
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
#277Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#278If you are on H1-B and have received EAD but not yet green card, is it easier to leave your current employer and start your own company than if you are just on H1-B? And as an extension to that, what benefit does green card provide in regards to starting your own company over only having the EAD?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#279I've heard that NAFTA provides an easier immigration process for employees in a NAFTA country (Canada or Mexico). How does that work, and what are the limitations and trade-offs of this method, if any?
The TN process can be very quick and easy but it's definitely getting a lot tougher and the outcome oftentimes really depends on the NAFTA occupation - some are straightforward and some aren't - and, as a general rule, it's easier to get a TN as a Mexican citizen than as a Canadian citizen.
Unless this has changed recently, this comment is not true.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#280Earlier quoted context omitted.
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.
This is exactly what I was looking for, thank you so much for your time. I'll contact your firm if it turns out that I need more assistance.
Again, thank you.