Is there a way not to go to secondary when we have an advance parole? Thanks
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
281–290 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#282[deleted]
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#283How to drop a green card application and be able to visit the US afterwards? (I’m French, an ESTA country).
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#284Earlier quoted context omitted.
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.
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Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#285As an Indian-American US Citizen, is there anything I can do to contribute to reducing the green card wait times for Indian immigrants (e.g. prioritize Indian immigrants when choosing a spouse), or is it zero-sum due to per-country limits?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#286Hi Peter, Thank you for taking the time to help us all out! Re my case: I am looking to transfer from F1 Visa to H1B. My petition got picked in the lottery and I was issued an RFE recently. Request is to provide more evidence on how my masters is relevant to my job role. I have a bachelor's degree in architecture, experiencein construction management and masters in strategic design and management. I made a career shi…
H-1B RFEs are commonplace these days unfortunately. Does the petitioning employer have an immigration attorney because it's really tough for me to opine on this in the abstract?
Yes, employer has an attorney. Would you happen to know of a reliable forum that offers advice on writing RFE petition case replies?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#287Hi Peter, thanks for doing this. I'm on the 4th year in my H1B - when's the latest I can start the PERM/GC process and without risking the deadline (5th year H1B anniversary)? I'm in a dilemma on whether I should do the GC process with current employer or switch jobs now (given that it could take 2+ years). Thanks!
You also can extend beyond the 6th year based on an approved I-140 so actually the GC process can be started in the final year but this is riskier of course. Our generally practice is to kick it off at the beginning of the 5th year but I also feel strongly that it's almost never worth it to stay in a job for immigration reasons and that if you're inclined toi switch, switch soon and negotiate with your new employer t…
This gives me some closure, thank you!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#288From your perspective, is it easier for people to apply for a visa with a different employer after they already have one with a different employer in the USA or is it the same as if they were applying from abroad the first time? I've felt at times like switching jobs from an E2 to a TN visa might be risky if they evaluate me the same as any other candidate given I don't have a formal CS education.
There's really no deference given to prior approvals except sometimes in the O-1 context.
Thanks for your reply!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#289Earlier quoted context omitted.
You would need separate work authorization to do that.
Good to know, thanks. Can I ask for slightly more direction on that? Can it be something like https://www.uscis.gov/greencard/employment-authorization-doc... or is there a specific form I can seek to fill out somehow?
You'll need your employer to sponsor you for employment-based green card - you can't self-sponsor.
However, TN visa is single-intent and meant to be temporary, i.e. you can't immigrate on this visa. This is different from dual intent visas H1B and L1 where they are dual intent.
This means that you can't travel until you are granted Advance Parole. This can mean a year or two waiting in limbo in the US.
Source: in the process for employment based green card and have a few friends who switched from TN/E3 visa to green card
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#290In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?
Pretty much every other country. In the UK for example, if you want to work, you just need to get a job offer. To keep numbers under control, they simply put a wage minimum that's high enough. Not fair for positions like nurses and teachers that are valuable to society, but generally ensure skilled migration. If you want to start a startup, a UK university can endorse your startup idea for a 2 year visa, and then raising a small amount of funding gets you 3 more years.
After 5 years of residence in the UK (except time as a student), you get PR, and citizenship soon after.