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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

#161

Post by graeme »

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?

Are they us based, or are they uk based with majority us sales, revenue etc.

Probably the former, but just in case, the e1 visa is a good option for anyone abroad who mainly sells to the us.

It's for companies with more than 50% of their trade in the US. You can get a visa with that to do business in the US. Mentioning for anyone reading who may be in a similar situation.

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

#162

Post by proberts »

throwaway444555 wrote: post #152

Hi Peter! Thanks for doing this. I am a Canadian citizen and a freelancer with a Canadian federal corp with annual revenue of ~$300k CAD (no employees, just me right now). I am currently turning the freelancing business to a product-based company. I am originally from a non-north-american country. My brother and sister immigrated to the US long ago after they went there to study and got their American citizenships ar…

Depending on how quickly, an E-1 or E-2 visa through a company that you found in the U.S., a TN through a third-party company, or a green card through your parents.

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

#163

Post by proberts »

alok-g wrote: post #160
proberts wrote: post #154

Earlier quoted context omitted.

Your analysis is completely correct on all points and to answer your question, you should have no problem getting another 2 year reentry permit (if you choose to go that route).

Can you help me with the filing, etc., or recommend someone who could? As a start, I would just need a more detailed calculation of the timeline, looking at my travel dates, etc. I could do the latter myself also if I have enough information. Thanks. In case the request for extension of reentry permit gets denied, by when would I know. I presume at that point, I would be able to relocate to the US and then proceed wi…

Honestly I'm not sure that it's worth the money to use an attorney because both the reentry permit and naturalization applications are easy. If you still want help, email me and I'll refer you to some good immigration attorneys in your area.

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

#164

Post by proberts »

anocendi wrote: post #129

Hello Peter, Thank you for keep on doing this on periodic basis. Two questions: 1. Any likely / impending changes (more demanding requirements, etc.) in law affecting the process from H1B to GC under current administration? 2. Any likely / impending changes (tighter restrictions, etc.) in the law affecting the process from GC to citizenship under current administration? Thank you.

I would say no to both and even less likely with the new Congress.

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

#165

Post by throwaway2856 »

proberts wrote: post #157
throwaway2856 wrote: post #153

Hi Peter, I am a software engineer from India. I was on a H1B for roughly 1.5 years working for a startup. Due to various reasons, I quit my job ~2 months ago (my last paycheck dated Oct 15th). My i94 doesn’t expire until January 2020. My questions for you: - Could I technically stay in the US till my i94 expires without a job? (As I’m not accruing unlawful presence) - Could there be complications if I find a new job…

You are out of status now and 60 days has elapsed since your employment ended so you can't change or extend your status in the U.S. That being said, being out of status rather than being an overstay - that is, staying past your I-94 expiration date - is much better and if it is relatively brief (and doesn't include unauthorized employment) shouldn't impact a subsequent H-1B visa application.

Thanks Peter!

If a new company files for a H1B application in the next few months for me, will I be able to start working for them right away or will I need to wait many months for processing (since premium processing is not available anymore)?

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

#167

Post by alok-g »

proberts wrote: post #163
alok-g wrote: post #160

Earlier quoted context omitted.

Can you help me with the filing, etc., or recommend someone who could? As a start, I would just need a more detailed calculation of the timeline, looking at my travel dates, etc. I could do the latter myself also if I have enough information. Thanks. In case the request for extension of reentry permit gets denied, by when would I know. I presume at that point, I would be able to relocate to the US and then proceed wi…

Honestly I'm not sure that it's worth the money to use an attorney because both the reentry permit and naturalization applications are easy. If you still want help, email me and I'll refer you to some good immigration attorneys in your area.

OK. I'll reach out by email.

I am currently based out of India. I used to live in the bay area when in the US.

If during the first 90 days of moving back before filing for naturalization, and after too, I could make international trips, that may be the best route for me.

Thanks.

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

#168

Post by titanomachy »

proberts wrote: post #150
neom wrote: post #136

I'm on a NAFTA TN, it's about to expire. now we have usmca do I need to do anything, also have the job categories changed drastically? Thanks for doing this.

Strangely, it seems that there will be no major changes to the TN under the new agreement.

Since you find it strange, what reforms would you have expected?

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

#169

Post by proberts »

convivialdingo wrote: post #138
pthomas551 wrote: post #135

Earlier quoted context omitted.

What did your parents use to get your passport in the first place? Did they get a Report of Birth Abroad at the embassy? If so you can use that. There's also a process to apply for a citizenship certificate from USCIS, but you will probably want a lawyer for that.

They were able to use their birth certificates and my old, handwritten foreign birth certificate at the time. They didn't report the birth to the state department since it was just over the border. There's thousands of people from S Texas with similar problems I've read. [edit] Also, the USCIS N600 requires a birth certificate as well, so that's why I didn't consider it. Thanks again for your help.

That's right, there are alternative avenues to getting a certificate of citizenship or passport (although they require a good bit of information and documentation).
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