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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

#181

Post by more-entropy »

proberts wrote: post #163
more-entropy wrote: post #157

Hi, Peter. - is it possible to get a work permit (and what kind of visa) for a non-graduate person, but with a 20 years of experience? (IT) - if it is, what kind of confirmations should i provide along with my application? - as far as i know, even if i get a visa, i couldn't get a green card without at least a masters degree. Is it right?

1 & 2) Yes. This depends on the type of visa but for an H-1B, where a degree is required, you could get your experience evaluated as the equivalent of a bachelor's degree and that would be sufficient. 3.) That's not correct. It depends in part on the green card category but we get green cards for people without any tertiary education all the time.

Thanks a lot.

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

#182

Post by iev2t »

Hi Peter,

I recently came into the US in the E2 Employee category. The visa is valid for just 3 months.

- When traveling abroad, are there options to reduce the paperwork required to return back to the US, since my status allows me to stay in the US for 2 years?

- As far as I know, H1B holders can change jobs if they find another employer willing to sponsor them. Is there a similar procedure an E2 can follow?

Thanks!

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

#183

Post by proberts »

iev2t wrote: post #182

Hi Peter, I recently came into the US in the E2 Employee category. The visa is valid for just 3 months. - When traveling abroad, are there options to reduce the paperwork required to return back to the US, since my status allows me to stay in the US for 2 years? - As far as I know, H1B holders can change jobs if they find another employer willing to sponsor them. Is there a similar procedure an E2 can follow? Thanks!

Unfortunately, as you know, citizens of certain countries get very limited duration visas and there's nothing that can be done other than to apply for a new visa each time that you need to travel. And further, the "portability" available to those in H-1B status is not available to those in E-2 status.

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

#185

Post by ebg13 »

Hi Peter,

my wife is a foreign citizen currently on an OPT F-1 extension who travels a lot for research and conferences as she's a historian who works on other parts of the world.

We've been told that traveling during a green card application without urgent family circumstances basically voids the process. Is that true? Is there a safe way for her to be able to continue research travel while a green card application is in process or will it require her giving up archive trips for an unspecified amount of time?

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

#186

Post by pizzaorchestra »

Hi Peter, hopefully a simple one: if an employee on a valid L1A work visa had to resign, is there a grace period after the last working day of employment to wrap up affairs in the US, or would they be expected to leave on or before that date? Thanks in advance

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

#187

Post by proberts »

pizzaorchestra wrote: post #186

Hi Peter, hopefully a simple one: if an employee on a valid L1A work visa had to resign, is there a grace period after the last working day of employment to wrap up affairs in the US, or would they be expected to leave on or before that date? Thanks in advance

There's a 60-day grace period.

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

#188

Post by proberts »

ebg13 wrote: post #185

Hi Peter, my wife is a foreign citizen currently on an OPT F-1 extension who travels a lot for research and conferences as she's a historian who works on other parts of the world. We've been told that traveling during a green card application without urgent family circumstances basically voids the process. Is that true? Is there a safe way for her to be able to continue research travel while a green card application…

It only voids the process if she travels after she has filed an I-485 application and has not received an advance parole travel document before traveling. But traveling on an F-1 visa after an I-140 has been filed, while it doesn't result in cancellation of the I-140 petition, is also risky. Definitely, consult with someone before you or she commence the green card process.

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

#190

Post by reggieband »

marrone12 wrote: post #171
reggieband wrote: post #129

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?

I've successfully gone through YVR, Trudeau International and once I did it upon arrival at JFK. Both of those Canadian airports were quick and painless, JFK was a bit longer, a lot more questions and closer inspection of my application but ultimately a fine experience. The time I got denied (well, not denied, but refusal to process which I guess is better) was at a smaller land border outside of Vancouver.

IMO, luck in getting the right agent plays a role. I was often very luck (after my first disastrous encounter), getting someone who was clearly in a good mood or had positive sentiments about the company I was going to. I was also lucky with my timing, as in there weren't long lines of people before or after me. These kind of uncontrollable aspects to the process are part of what makes it so stress inducing.

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