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?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
231–240 of 289 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#232Hi 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?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#233What is the process for getting rid of American Citizenship? Expatriating, specifically for tax purposes. (should be useful to anyone that expects a windfall)
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#234Hi 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.
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
#235Hi 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…
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#236I'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…
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#237Earlier 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.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#238Earlier 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.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#239Earlier 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?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#240Also, are there precautions we should take with cell phones & border security these days?