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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

#201

Post by proberts »

nina_c wrote: post #131
proberts wrote: post #115

Earlier quoted context omitted.

As a general rule yes, you can work for another company on your EAD, but you should consult with an attorney regarding the continued viability of your green card application.

Thank you Peter. My EAD will expire on Sept this year. We have filed for an extension since we don't know when will my green card be issued. Another question is, will my unemployment for a period of time affect the processing of my EAD/Green Card?

It won't impact the issuance of your EAD and it shouldn't impact the issuance of your green card as long as you are employed by the time of your green card interview (but the facts do matter regarding the latter issue and I don't have all of them).

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

#204

Post by proberts »

proberts wrote: post #203
hngreat0420 wrote: post #156

What are your thoughts on someone with H1B applying for an O1? Is there any risk of losing the H1B also?

Really no.

Unless of course there were problems with the H-1B that weren't disclosed or were missed and these problems come to light in the O-1 filing.

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

#206

Post by proberts »

tw600040 wrote: post #114
proberts wrote: post #61

Earlier quoted context omitted.

One option - depending on all the facts - is to submit a "complaint" under the DHS TRIP program. This oftentimes works to resolve that entry issue.

I had a DUI like 10 years ago and I still get taken to secondary screening every time I enter. Will submitting a complaint help my case too?

Possibly.

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

#208

Post by proberts »

knes wrote: post #184

Hi Peter, I was previously on an L1 in the US. Changed job and petition on an O-1. I exited the country and went to Canada to "wait it out" while going through the process. COVID19 happen and I'm now stuck in Vancouver. I just saw that the USCIS is now closed for an in-person interview (and get the stamp in the passport) until the 3rd of May. all of my stuff is still in California, is there any way for me to go back…

What's your country of citizenship?

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

#210

Post by proberts »

harshgupta wrote: post #205

Hi Peter, I am on STEM extension part of my OPT. Can I start a company and fundraise on my current visa? If not, can I be a founder and work as a CTO under an American CEO since technically that is still a supervised job?

Possibly but the ultimate decision is your school's and you need to have some structure where you are supervised by a board member or another employee. I generally recommend that you find out from your school (in the abstract) what must be in place for you to use your STEM OPT to work for a company you (co)founded.
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