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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

#141

Post by thewinnie »

proberts wrote: post #77
jamonjamon wrote: post #72

Hi Peter — thanks for doing this! I'm from the UK, working on a startup with a friend in the US (who is a UK citizen also, but immigrated to the US via their spouse). Based on my research I'm considering applying for a B1 visa as a low friction way to have easy access to the states for months at a time, to collaborate on the startup in person. I have a few questions: - Based on this information, is that a path you wo…

While the B-1 would allow you to engage in certain business activities, such as setting up the business, meeting with potential investors and clients, etc., it wouldn't allow you to do "productive" work in the U.S. And yes, frequent travel to the U.S. as a B-1 visitor can raise questions with CBP about what you are doing (whether you are you working without authorization in the U.S.) and where you are living (whether…

I have a similar situation. So can you elaborate, please?

> whether you are you working without authorization in the U.S.

What is the proper definition of "working"?

If I do stuff for my own business and my business has a revenue, what's wrong with that from a CBP perspective?

Every time I cross the board I'm getting strong recommendations to get E2 or L1-A but they both have some limitations which I don't know how to overcome (I need to travel regularly back and forth and my country does not have mulity entry E2 visas)

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

#142

Post by pkaye »

godelmachine wrote: post #140
pkaye wrote: post #139

Earlier quoted context omitted.

Did you check online. They have a estimated wait time for different category of visa based on relationship, citizenship etc. Also visajourney.com is a chat board where other people in similar situation track their progress so you can look up the trend there.

Thanks for this brilliant info. Is there an official government website to check wait times?

I'll see if I can still find the official links.

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

#143

Post by proberts »

godelmachine wrote: post #138
proberts wrote: post #135

Earlier quoted context omitted.

Have you all notified USCIS that your father is a US citizen now?

Yes, he's hired an attorney and I think that might be done. He had this pledge of allegiance ceremony in October 2018, so most probably the USCIS knows as well. I ask him to ask the attorney if any changes needs to be done to my application after he became a US citizen. The attorney replied no. PS - I am born and brought up in India. 30 years of age. Never been to US. Postponed my marriage plans since father said I w…

I still would have your attorney make sure that USCIS knows that you are now being sponsored as the son of a US citizen.

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

#144

Post by dferm »

proberts wrote: post #106
dferm wrote: post #93

Mr. Roberts, I appreciate your time. My wife is a US citizen and I only have a US tourist visa. We want to move stateside. As her earnings for the last 3 years do not qualify her as a single sponsor, we wanted to use cash assets. How do we show proof of cash, and what are the stipulations? Is it a bank statement from my bank in my home country, do we have to deposit it in a bank in the US? Is there a time stipulation…

Your salary can be used to meet the financial support requirement (but definitely consult with an attorney before applying because there are other issues that you need to be aware of as well since you are here in visitor status).

We want to move stateside, and should we move the money to the US should have been clear Can you please answer this? How do you show strictly cash assets if you need to on a visa application if you don't live or work in the US.

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

#145

Post by mindcotine »

proberts wrote: post #132
mindcotine wrote: post #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.

The system error isn't uncommon. I would have the petitioning company or the petitioning company's lawyer - not you - call USCIS to check on the status. But that's a long time not to have heard back on an O-1.

Thanks, Peter. I appreciate your advice and goodwill. Very much needed for immigrant founders.

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

#146

Post by proberts »

Arkdy wrote: post #120

Are businesses founded as co-ops a valid / common path to immigration? And if so, what are the differences in requirements? Thanks for your time!

Can you give me some specifics? Generally the corporate structure has no bearing on processing or requirements.

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

#147

Post by old_dreamer »

tombert wrote: post #64
proberts wrote: post #60

Earlier quoted context omitted.

Without knowing all the facts of course, that appears to the best other option.

Ok; we have some friends who claimed that since they were brought in by a citizen, and they were just "waved through" as kids in the backseat of the car, that constituted as a "legal entry". I'm not an attorney but that didn't really seem like it would hold up since it seems like anyone could claim that.

Thanks! Today I learned: https://www.nolo.com/legal-encyclopedia/waved-through-border...

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

#148

Post by pkaye »

godelmachine wrote: post #140
pkaye wrote: post #139

Earlier quoted context omitted.

Did you check online. They have a estimated wait time for different category of visa based on relationship, citizenship etc. Also visajourney.com is a chat board where other people in similar situation track their progress so you can look up the trend there.

Thanks for this brilliant info. Is there an official government website to check wait times?

The visa bulletin shows wait times and is updated on a monthly basis. https://travel.state.gov/content/travel/en/legal/visa-law0/v...

And here is general information on the how to figure out your priority dates. https://www.uscis.gov/greencard/visa-availability-priority-d...

I'd suggest you also scope out visajourney.com though it is not official. https://www.visajourney.com/content/times/

But if you have a lawyer then they should be able to look this all up.

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

#149

Post by proberts »

pacofvf wrote: post #121

How long does it takes to get a O-1 Visa?

Once an O-1 petition is filed with USCIS, as little as 2 weeks to get an approval but then of course one would need to get an O-1 visa at a US Consulate outside the US and that timing will depend primarily on appointment availability. The preparation time is hard to say because so many factors go into this but on average about 2 months.
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