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

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201–210 of 289 posts

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

#201

Hello Peter, I'm a non-resident and non-citizen selling consultancy and development services to U.S. companies (as a contractor, filing a W8-BEN). I hold a B1/B2 visa (only used for conferences and training so far). Are there any potential immigration issues if I do U.S. based work for a couple of months on my B1/B2 visa? Could I do that more than once in a year or would that be a red flag for immigration services? I…

Unfortunately, that's not allowed on the B-1 visa.

Thank you. Thought so, and it's a huge bummer.

Meetings, etc. are still fair right?

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

#203
Hi Peter,

Here is the background: Let's say someone is working as a software engineer under H1-B but also under the GC EB-2 process. A while back the I-140 Immigrant Petition was filed and approved, in parallel the I-485 Adjustment of Status (AOS) application was filed but remains pending. In the meantime USCIS has taken fingerprints and issued a combined EAD/AP card which serves as valid work authorization and travel authorization for a year. A I-797C notice stated that the case/petition was transferred to the National Benefits Center. No notice for an interview was received yet.

Here are my questions:

1) This process, with getting the perm through the employer etc. is already taken almost 2years. Now that there is the EAD card with I-512 Advance Parole is it possible to leave the country without the risk of getting the case denied at re-entry?

2) Let's say there are job offers from Apple, Google and Facebook. When can the employer switch jobs without jeopardizing the GC process (which has the I-485 still pending and no GC interview notice yet)?

3) How long after the GC was received does the employer have to stay within the current company that sponsored the GC? E.g. for marriage based GCs there is a period of 2 years, when getting a divorce within that period you would also loose the GC. Is there something similar with employment based GCs or how soon can the job be switched?

4) What is the most lasting route for a GC, Employment Based or Marriage? Asking because as seen in 3) the GC can through marriage within 2 years still be revoked. That said, if a marriage is dissolved within 2 years you would loose your GC, if your company is dissolved within 2 years you would not loose your GC making it the more robust path?

Thanks for responding to those hypothetical questions!

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

#204
Hi Peter,

I'm an Australian with a venture backed startup (delaware c-corp). We already have employees in Australia but I'm looking to set up a team stateside.

Should founder like me look at the e3 visa, or one of the internal company transfer visas?

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

#205

Hi Peter, I'm an Australian with a venture backed startup (delaware c-corp). We already have employees in Australia but I'm looking to set up a team stateside. Should founder like me look at the e3 visa, or one of the internal company transfer visas?

I would still definitely look at the E-3 even though you're a founder as well as the L-1 and possibly even the E-2 if there is or will be Australian money invested into the U.S. company. Being a founder doesn't in and of itself disqualify you from the E-3.

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

#206
post #203

Hi Peter, Here is the background: Let's say someone is working as a software engineer under H1-B but also under the GC EB-2 process. A while back the I-140 Immigrant Petition was filed and approved, in parallel the I-485 Adjustment of Status (AOS) application was filed but remains pending. In the meantime USCIS has taken fingerprints and issued a combined EAD/AP card which serves as valid work authorization and trave…

1. Is this person still working for the sponsoring green card employer? 2. As long as the I-140 has been approved and the I-485 has been pending for 6 months, there should be no issue switching as long as the switch is to a job in the same or similar occupation. 3. See above. 4. That's really impossible to say. The marriage-based is the more certain if a valid marriage.

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

#208
post #195

Hi Peter, I‘m a contractor to an US company who leads both teams and projects. My company wants me to move to US and they are trying to convince me to apply to an H1B. From my understanding this visa is a pretty unsafe if you‘re already in your 40‘s and want to settle yourself. I‘ve seen a category called EB1-3 which grants GC for both partners and children under 21. But the requirement says I should be an employee i…

It's a hard requirement - you need to be an employee - not a contractor - for at least one year in a managerial or executive capacity. But if you are and will be in the U.S. as well, then it's a pretty straightforward process, though a slow one now, 18 months or so if you're applying while abroad.

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

#209

I am on H1b visa and would like to take a break of few months. Is there a way to do that without going out of the country or losing my visa?

Yes, as long as the reason for the break comes from you and not the company and this break is supported by the company, you can remain in H-1B status while on a leave of absence, whether paid or unpaid.

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

#210
post #61

In 2014 I won a scholarship partially funded by the US govt for a Master's in Computer Science in a US university. The scholarship was merit based and highly competitive. A similar situation was the case for my Bachelors. Can these scholarships fulfill the EB-1 criteria of "Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence"?

Generally academic awards and scholarships don't meet that criterion. That being said, this is great background data and can help support an EB1A application.

Thanks for the question, I have another if you don't mind. During my studies, I worked on my own startup, presented it in front of a panel at a hackathon, then was chosen to present it in the associated conference the day after. I even won a small monetary prize from one of the conference sponsors. The conference in question was TADHack Global 2016 in Chicago.

https://tadhack.com/2016/global/

Would this fill the criteria of being notable enough, or do the EB1 panels require more substantial achievements?

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