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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

#101

Post by proberts »

xoraes wrote: post #98

Hi Peter, I'm on a cap-exempt H1b visa working in cyber-security field. Within past year I had to let go of 3 job offers due to visa transfer not being possible to for-profit companies (and all offers were made after April, so lottery based H1b application wasn't a path I could take this year). What would you recommend someone in my position should do if they want to switch job to a for-profit organization?

Note that you can work part-time in H-1B status for a for-profit company while on a cap-exempt H-1B. But beyond this, without knowing your qualifications, I would look at the O-1 .

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

#102

Post by proberts »

shytey wrote: post #100

I am a majority shareholder in and CEO of two US based businesses. I run them remotely from the UK. Total 2018 revenue will be 450k. What are my options if I want to move to the US?

Without knowing more, probably the E-2 and the O-1 are worth exploring.

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

#104

Post by proberts »

Myrmornis wrote: post #89
suyoghc wrote: post #80

I am a PhD student (on F1-visa), who's more or less been offered a decent Post-doctoral fellowship in UK immediately after gradschool. What are the implications of this if I want to return to the US for either an industry or academic position? I know that I'd be giving up the OPT option if I accept the fellowship.

I was a Brit doing PhD in USA and did exactly this (except I was on J1 for grad school), and then returned to USA for an industry position on H1B and subsequently green card and it was all fine (latter stages with help of Peter and his colleagues as it happens).

And without that kind of background, I suspect that you also would have a strong O-1 if the timing of the H-1B doesn't work.

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

#105

Post by kentosi »

proberts wrote: post #88
kentosi wrote: post #81

Hi Peter thanks you for doing this. On an H1B here. I have a job offer where the company's lawyers have confirmed that it would be safe to start once they send the H1B transfer and receive the FedEx receipt that it got to the USCIS. What are your thoughts?

Legally, that's correct and if it's a strong H-1B petition, then it probably makes sense since the alternative is probably to lose the job offer because of the delayed processing. But confirm with the lawyers that they think that it's a strong H-1B petition.

Thank you!

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

#108

Post by proberts »

proberts wrote: post #104
Myrmornis wrote: post #89

Earlier quoted context omitted.

I was a Brit doing PhD in USA and did exactly this (except I was on J1 for grad school), and then returned to USA for an industry position on H1B and subsequently green card and it was all fine (latter stages with help of Peter and his colleagues as it happens).

And without that kind of background, I suspect that you also would have a strong O-1 if the timing of the H-1B doesn't work.

I meant with - not without - that kind of background.

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

#109

Post by proberts »

achanda358 wrote: post #70
proberts wrote: post #68

Earlier quoted context omitted.

No, this would not impact your priority date. Even if you move abroad, you would keep it.

Can such an employee come back to the US and transfer their H1B to another company or are there restrictions?

Yes, he or she would not need to get an H-1B through the I-140 employer.

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

#110

Post by proberts »

dcaunt wrote: post #107

If I moved to the US from the UK on an L1-B visa, how long does it typically take to be granted a green card? Can the process be started immediately?

There's no waiting period and the timing will depend on the green card path and category but likely a 12-18 month process.
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