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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

#231

Earlier quoted context omitted.

I am on H1b visa (my I-140 has been approved since last 6 years by my present employer.) I have notified my current employer and there is no conflict of interest. Do I need any approval from USCIS to work on the new startup?

So, to be clear, has an H-1B petition been filed for you by your startup?

No. Nothing has been filed by the startup.

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

#232

Hi Peter. Thanks for doing this. I am working in USA on H1 visa. Can I open a startup in India and continue working here for my employer while I work in nights on building my company. And, can I also register another office/company here and get developers here for my startup?

There's no question that you can create an entity in India and my view is that as long as the work you do nights for the company in India is only for and on behalf of that company and is less than the amount of time that you are working pursuant to your H-1B visa, then it's fine. More complicated and I would argue not appropriate is the creation of a company here and the hiring of developers here to work for your company in India.

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

#233
post #116

What is the process for getting rid of American Citizenship? Expatriating, specifically for tax purposes. (should be useful to anyone that expects a windfall)

You could explore puerto rico. It requires some foresight and planning, but it has major tax benefits if done right.

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

#234
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.

Thanks for answering all this!

To 1) Yes the person is still working for the sponsoring green card employer.

May I add 5) green card application still pending when getting married to a US citizen, then a few months after wedding getting response for application that it was denied. Can the person still apply for a green card through marriage even if they are married for a while without having applied right after?

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

#235

Hi Peter, I have completed 4 years on my H1b and I am in my 5th year and I got it extended for 3 more years. My GC was also processed and my priority date is around August 2017. I wanted to know, if I wanted to change the current company and move to a new company, would my H1 and/or GC in the future be in any danger? Like can I not leave the company for 8- 10 years if I want the GC process to be completed and conside…

If you leave the company, you would keep your priority date - your place in line - but you would need to start the green card process from scratch and your ability to continue working in H-1B status would depend on your current employer not cancelling the approved I-140 petition (which most employers don't do).

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

#236

I'm in the U.S. on a EB-1 green card. I spend a lot of time abroad. I don't have much of a desire to get U.S. citizenship, but I do want to preserve my ability to live and work in the U.S. any time in the future without having to go through the pain of applying from scratch. Few questions: 1. What are the risks in terms of losing the green card — should I be careful about counting the days abroad to ensure I stay und…

1. Even if you're spending a lot of time outside, as long as the gaps are less than 6 months and your primary home is the U.S., there's really no risk of losing your green card. 2. You will not consult an accountant but as a general rule, you are taxed the same whether you're living here or abroad and whether you're a permanent resident or citizen. 3. You would be entering the U.S. as a permanent resident each time.

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

#237

Earlier quoted context omitted.

No, my company's lawyer advised for premium processing the I-140 first and then filing the I-485 depending on that outcome. Thank you for doing this again.

Then you should wait until the I-140 has been approved and the I-485 has been pending 6 months before leaving.

I appreciate your prompt response and help.

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

#238

Earlier quoted context omitted.

So, to be clear, has an H-1B petition been filed for you by your startup?

No. Nothing has been filed by the startup.

As a cofounder, an H-1B will be problematic so if you go that route, you should continue to explore other options while that petition is pending such as an O-1 because the H-1B petition could get denied - or just look at the O-1 now.

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

#239
post #234

Earlier quoted context omitted.

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.

Thanks for answering all this! To 1) Yes the person is still working for the sponsoring green card employer. May I add 5) green card application still pending when getting married to a US citizen, then a few months after wedding getting response for application that it was denied. Can the person still apply for a green card through marriage even if they are married for a while without having applied right after?

1. Then really no risk traveling on the advance parole. 2. Yes.

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

#240
Finally on an EB-1 (yay!) but haven't left the country in years because of my anxiety crossing borders. I've heard stories of green card holders getting turned around at the border for admitting to smoking weed etc - have you heard whispers of anything like this recently? I get the difference between federal law & state law; is this the kind of thing that USCIS would have access to dispensary records for, or are they just trying to get people to incriminate themselves? I'm planning on traveling over the holidays and I'm still convinced that I won't be allowed back in.

Also, are there precautions we should take with cell phones & border security these days?

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