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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

#171
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…

Do you think the Vancouver airport is the best for TN entries? My partner has had the exact issue you described where she already has an approved TN but has had border agents deny her entry and she has to try again the next day. Normally Toronto is very tough, not sure if Vancouver is easier?

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

#172

Earlier quoted context omitted.

WhatsApped father if USCIS knows he's a US citizen. He replied 5 min ago - "USCIS gave me citizenship and one of their officers gave me oath."(sic)

That's different from notifying the adjudicating arm of USCIS.

I got the point now. Updated the correct question to my father. I will make sure he gets in touch with attorney next week over this.

However, would you please advise on how long it would take for me to get my GC, in your fair estimate? An approximation would do. Also, any political change that might affect my application?

I am born and brought up in India. 30 years of age. Bachelors of Engineering degree with 3 years of work ex in IT. Unmarried yet for GC.

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

#173

Earlier quoted context omitted.

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 t…

Essentially, the definition is providing a service/benefit to an entity or person in the U.S. while in the U.S. and receiving something of value in return. So, broadly speaking, this appears to encompass what you describe. What exactly are you doing when you are in the U.S.?

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

#174

Earlier quoted context omitted.

His or her current employer wouldn't be notified but equity as the form of compensation doesn't qualify.

Could you clarify what you mean by "equity as the form of compensation doesn't qualify"? Do you mean: - He/she would not be able to get a second TN because equity does not count, and they would require a cash compensation in order to qualify for a TN OR - Equity does not qualify as compensation, therefore the developer is not compensated, and therefore he/she does not _require_ a second TN in order to work with the i…

The former.

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

#175

Earlier quoted context omitted.

That's different from notifying the adjudicating arm of USCIS.

I got the point now. Updated the correct question to my father. I will make sure he gets in touch with attorney next week over this. However, would you please advise on how long it would take for me to get my GC, in your fair estimate? An approximation would do. Also, any political change that might affect my application? I am born and brought up in India. 30 years of age. Bachelors of Engineering degree with 3 years…

2022/2023

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

#176

Earlier quoted context omitted.

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…

Do you think the Vancouver airport is the best for TN entries? My partner has had the exact issue you described where she already has an approved TN but has had border agents deny her entry and she has to try again the next day. Normally Toronto is very tough, not sure if Vancouver is easier?

Of all the pre-flight inspection offices at airports in Canada, Vancouver and Calgary are the best.

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

#178
post #161

Earlier quoted context omitted.

Is this a cap-subject H-1B or an H-1B transfer?

this is a cap-subject H-1B

The best chance of a relatively quick and positive outcome is federal litigation. But you this is costly.

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

#179

Earlier quoted context omitted.

Do you have family in the U.S.? What's their immigration status?

Thank you sir! My uncle/aunt (us citizen) claim guardianship but that "status" end when I turn 18? I don't have any status since. Still have us citizen aunt/uncle but no immediate relative with status.

Then there doesn't appear to be anything that you can do right now unfortunately.

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

#180

Hey Peter, thank you for doing this AMA, here is my question: I really want to live in the US permanently and bring my family over with me, what are the best ways to do that in terms of speed and/or cost?

What's your educational and professional background or country of citizenship?
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