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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

#124

I'm currently on the H1B visa but would love to start my own company at some point and given that I'm an Indian national, I'm probably never getting a GC through the EB2/EB3 category. What are some of the visa options for someone like me who wants to start a business?

The approach is going to be very fact-specific so it's hard to say in general (and probably requires a phone call) but the options that many entrepreneurs/founders pursue are a concurrent part-time H-1B through their own company or an O-1 through their own company, although both of these come with their own issues and challenges.

@proberts could you share some resources on visa/immigration (and related gotchas) that would be helpful for folks on H1B planning to start their own startup.

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

#125

Thank you very much for doing this. Throw away account for obvious reason. In the US now; Originally from Taiwan/ROC. 40 years old. Basically Dreamer category but not young enough to qualify for DACA. Missed 245i as I was young and didn't paid attention. Didn't finished college. Other than my status(can't leave the country, can't fly easily in late 2020) doing pretty well in tech. Talked to many lawyers and doesn't s…

When did you initially enter the U.S. and in what status?

Have maintain physical presence since ~1990.

There are no record of my crossing to the best of my knowledge.

It's cathartic to just write it out...

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

#126
Hi Peter, I have filed my O1 Visa in late April 2019, and I received the notification with the case number. I have checked online for my case and got an error from the USCIS system, that the case is not listed. How would you recommend to proceed? Are these delays normal? Also, I have been advising not to do anything, and wait for them to notify anything.

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

#127
Hi Peter

I have been checking for this thread for almost weeks now. Glad you are back :)

My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right.

Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate.

Can you think of any political scenario that might affect my application?

Thanks a lot for this thread and effort.

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

#128
post #100

Do I need to visit the US border day-of to get a TN-1 visa as a Canadian citizen? My immigration attorney in SF said I did but I've had other people tell me they got it ahead of time. This sounded a bit crazy to me, I'd have to pack all of my stuff in my apartment and hope I get a T1 when I arrive at Pearson airport in Toronto? And if not I'll have to find some place to stay.

I'm not Peter Roberts, but I have received pre-approval on a TN-1 before.

My company's lawyers went through all the "yes this person does deserve a visa" stuff for me ahead of time. When I got to the border crossing (also at YYZ Pearson) I had paperwork that made it a much faster process. I'm comparing this to the previous TN-1 I had which required a lot of questioning, waiting around, etc. If you've got the extra time, I really recommend trying the pre-approval route.

The guys at Pearson are absolutely humourless[0], but they're just doing their job. Neither time did they play any games or use trick questions to try to deny me. (I've heard the ones at the Vancouver land crossing sometimes does).

[0] I make jokes when I'm nervous. They did not appreciate that.

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

#129
post #100

Do I need to visit the US border day-of to get a TN-1 visa as a Canadian citizen? My immigration attorney in SF said I did but I've had other people tell me they got it ahead of time. This sounded a bit crazy to me, I'd have to pack all of my stuff in my apartment and hope I get a T1 when I arrive at Pearson airport in Toronto? And if not I'll have to find some place to stay.

As someone who has gone through this exact scenario, I know the stress/anxiety it can cause.

My own anecdote is I tried to go through the border before officially moving and get the TN and it was a disaster. I got pulled into a long interrogation with a surly border agent. He told me right from the start that he would refuse to officially process my application but would review it for my benefit. He then spent about an hour going over it while I waited then came back with some faults he found in it. He told me I was lucky he didn't process it since I would have ended up with a hard-rejection on my official record.

I got in contact with the companies lawyer who had prepared my application and she told me that the agent was likely inexperienced and wasn't sure how to process TN correctly. I was ready to call it all off and then they offered to have a priority process pre-approval through DHS in Virginia. I don't think they still offer this but at the time you could send your TN application to the DHS head office and in 1 week they would give a determination on eligibility for TN. It cost a few thousand to do it. You get a form as a result (not an actual visa or even a guarantee of entry on TN) which you take to the border along with your application. It attests to your compliance with all necessary pre-requisites for TN entry.

When I went to the airport (YVR in my case) they have agents specially trained in TN processing. My anxiety was still extremely high since now my apartment was gone and all of my stuff in a truck. I showed him my application along with the pre-approval form and he smiled, stamped something and said "Welcome to the USA". Took less than 5 minutes.

Since then I've gone through the process 3 or 4 times, each subsequent time without the pre-approval. Each time it has been thankfully painless. My advice: go to borders that have optimized processing and make sure your flight aligns with their times of operation (see https://www.cbp.gov/travel/canadian-and-mexican-citizens/tra...). Have a very professional looking application. Each time the company I worked for prepared a multiple page application with everything extremely professional looking and I presented it in a plastic cover. As soon as the agent sees you have come prepared they always seem to go through it quickly and they usually are very happy. Make their job easy and they will make your entry easy.

Watch out for sly questioning. They often drop in questions like "Where do you live?" (correct answer: in Canada), "What is your job?" (correct answer: Exact job title on your TN application). Make sure you bring originals - I think they have training to look out for copies of e.g. diploma, proof of job history, letter of job offer. One document I had was signed in black ink and they looked very close to make sure it wasn't a printed version.

Despite how careful I was, I always had anxiety/stress going through the border while I was on an TN. Any agent at any time can just decide to revoke your access and then you are stuck. This can happen even when you travel during an already approved TN stay. The company I most recently worked for started sending warnings to people going through the border on any kind of visa since the current administration is leading to higher rates of refusal of entry. For this reason I avoided leaving the US while I was there.

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

#130

deleted

Your H1B is your work authorization. You can keep your place in the green card line if you switch after your i140 is approved. If yo switch before that you apply for PERM and i140 again.

Just to be clear, if you switch after your I-140 is approved but before your I-485 is filed, you will keep your priority date and your place in line but a new PERM will need to be filed.
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