Right now, besides China and India, are there any countries that are in queue or about to to get a Green Card?
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
#52The H1B transfer premium processing is currently temporarily suspended (till Feb). This means anyone wanting to change employers, will have to risk joining on H1 transfer receipt alone. Are there any ways / advice to reduce the risk of switching employers.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#53What would your advice be to a current TN/H1B holder who may wish to apply to YC in the future, but is concerned regarding the restrictions of their current status restriction around "work" outside of their current employer. To clarify, it seems that any sort of MVP, attempting to show traction, etc could be considered "employment", and thus a violation of current status.
Admittedly, it's a tough balance but there are ways to do this without crossing the line. I can talk offline with you about this but the main line not to cross is compensation.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#54Can you please ELI5:
How does the visa program work?
So - say youre an engineer in another country and you want a work visa in the US - does one seek a job first or a visa first? Based on that - what is a bullet list of steps (checklist) for the process to be expedient/smooth/successful?
(I am one who will never require this - but I want to understand the process and what people go through to get the H1Bs etc...)
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#55This might be orthogonal to your position, but I'll ask it anyways. As an American citizen, what's the best way to protect my career so my job isn't sent overseas or pushed to an H1B (or equivalent) at starter IT salaries?
Become competent at something not many others are. Find a niche and become an expert at it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#56I’m Canadian. I want to own a Delaware C Corp and move to the US. An attorney recommended to me the L1 visa. I think this will be a good option for me once I’m in the position to qualify. However, with regards to the DE Corp, it seems like I cannot be employed by the company. Is my only option then to issue myself dividends? How would an E1 visa change that? Thank you for your time!
I'm not sure that I understand the question but the L-1 for Canadians is still a very good option and can be obtained even for brand new companies/offices. Once you are in L-1 status, you can be paid by the U.S. company or even just continue to be paid by your Canadian company.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#57Hi Peter, thanks for doing this regularly. Really appreciate since this topic/situation changes more frequently now a days.
Sorry for using anonymous account. I am working for a client for past 5 years on a EVC (employer-vendor-client) model. I've been employed by same employer/agency since 2008 (h1b) and they filed my GC with priority date of April 2011. Since I'm Indian born, I've given up hopes on getting a Green card in my lifetime but I still wouldn't want to loose my position in the queue.
Question: Would you recommend going full-time with the client (as they have shown lot of interest in converting me)? If I join full time with client, transfer h1b, can they take over my green card as well? will I loose my position in the queue?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#58A bill (H.R. 392) removing per-country caps on employment based green cards is now attached to DHS Appropriations Act for 2019 (H.R. 6776). If passed, how would it impact Rest of the World EB-1, EB-2, and EB-3 GC applicants? It seems like it would prevent ROW applicants from getting green cards for a very long time. What are the odds of H.R. 6776 being passed with H.R. 392 amendment attached to it? Source: https://www.natlawreview.com/article/us-may-eliminate-countr...
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#59The H1B transfer premium processing is currently temporarily suspended (till Feb). This means anyone wanting to change employers, will have to risk joining on H1 transfer receipt alone. Are there any ways / advice to reduce the risk of switching employers.
Unfortunately, there isn't and this seemingly innocuous change has had a profound impact on the hiring of those currently in H-1B status.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#60A bill (H.R. 392) removing per-country caps on employment based green cards is now attached to DHS Appropriations Act for 2019 (H.R. 6776). If passed, how would it impact Rest of the World EB-1, EB-2, and EB-3 GC applicants? It seems like it would prevent ROW applicants from getting green cards for a very long time. What are the odds of H.R. 6776 being passed with H.R. 392 amendment attached to it? Source: https://ww…
It would have a profound impact on the issuance of green cards to ROW applicants but I still that it's unlikely to pass.