I have a graduate-level Diploma of IT and a Bachelor of Commerce, and have studied both of these degrees in Sydney, Australia. My question is: would I be able to attain a E3 visa to work as a software developer (which is what I am working currently as in Sydney) in the US, since my Bachelor may or may not be the specific qualification for 'specialty occupation' of software developer?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
261–270 of 289 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#262About to have my TN Visa interview next week. Any tips or recommendations?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#263Earlier quoted context omitted.
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.
Oh. So can I hold O-1 And H1B together? can I work parallel to both (my employer and startup)? I want to utilize this new venture to go on EB-1A (Extraordinary ability). Is it possible?
Nice question. Hope Peter answers.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#264What would your advice be to a current TN/H1B holder who may wish to apply to YC in the future, but is concerned regarding the restrictions of their current status restriction around "work" outside of their current employer. To clarify, it seems that any sort of MVP, attempting to show traction, etc could be considered "employment", and thus a violation of current status.
Admittedly, it's a tough balance but there are ways to do this without crossing the line. I can talk offline with you about this but the main line not to cross is compensation.
I don't quite understand what is meant by "not to cross is compensation"
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#265Hi Peter, I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live with a girlfriend, who is quite interested in marksmanship. As I understand it, non-immigrant resident non-citizens are essentially barred from owning firearms. This is fine; I don't feel the need to own any. But my concern is about my girlfriend. I have heard it said from some firearms enthusiast friends of mine that, because me…
Strange that some constitutional protections apply to non-citizens whilst the second amendment does not.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#266Finally 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…
Canadians have been denied entry to the USA for admitting to smoking weed.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#267Hi Peter, I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live with a girlfriend, who is quite interested in marksmanship. As I understand it, non-immigrant resident non-citizens are essentially barred from owning firearms. This is fine; I don't feel the need to own any. But my concern is about my girlfriend. I have heard it said from some firearms enthusiast friends of mine that, because me…
Strange that some constitutional protections apply to non-citizens whilst the second amendment does not.
If you think that's weird, some of the articles in the Bill of Rights currently are held to preserve those freedoms against state governments, and others do not.
In fact, the fourth amendment, "Unreasonable search and seizure", only officially was applied to states in 1961, the second amendment in 2010, and the eighth amendment about excessive fines is still in the Supreme Court with a decision expected next year.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#268Hi Peter,
on H1B, can I do any business at all? For example, can I earn from adsense on my personal hobby website? Can I own rental properties?
Thanks
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#269Finally 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…
Canadians have been denied entry to the USA for admitting to smoking weed.
Which is amazing.
You can do something perfectly legal in a given country, but then get denied entry to the USA because it's illegal there.
It's like driving your car at 150mp/h on the Autobahn in Germany, but then being denied entry to the USA because driving at that speed on public roads is illegal in the USA.
Nuts!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#270Can you please ELI5: How does the visa program work? So - say youre an engineer in another country and you want a work visa in the US - does one seek a job first or a visa first? Based on that - what is a bullet list of steps (checklist) for the process to be expedient/smooth/successful? (I am one who will never require this - but I want to understand the process and what people go through to get the H1Bs etc...)
I want to commend you for trying to learn more about the immigration process. More often than not, I find that Americans tend to not know hoops and travails that internationals have to jump through to work in the US, or even just to keep working in the US. Too often, I've heard "H1-B is for cheap foreign labor - just apply for an EB-1/2 or something."
Yep, all of the Americans I've dealt with have been shocked to find out how difficult it is to immigrate. In fairness, I had no idea either before I tried.