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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

#291

Post by proberts »

ublaze wrote: post #247

Do you know of the legality of running an online side business while on an H1b? Has there been any change in that law? Do you know if the S386 measure has made any progress? Alternatively, after the covid situation, do you see the waiting time for indian/chinese EB2 applicants go up/down?

Responses in order: To do this, you would need work authorization such as a concurrently filed part-time H-1B petition. No, there has not been any change in the law on this issue. Not that I am aware of. Yes, I think the volume of green card applications will go down as a result and this should affect the backlog over time.

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

#292

Post by proberts »

karanbhangui wrote: post #268
xriddle wrote: post #217

Earlier quoted context omitted.

Last follow-up reply- I promise....How would someone like myself go about demonstrating their eligibility for and O-1? Would someone in my position look for a job first and then have the hiring employer worry about this or is this something I should do on my own before applying to jobs? BTW thanks for being generous with your time and doing all this.

Hey fellow Canadian! Happy to answer questions about O1 process. Mind emailing me? Address in my profile.

The first step would be to have an attorney do an analysis of your background to see if an O-1 is an option.

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

#293

Post by proberts »

holo345 wrote: post #220

Given the coronavirus situation, it may not be possible in the next couple of months to update one's I94 by exiting and reentering the country. My friend has an I94 "admitted until" date that does not match his visa because he last entered the USA with a passport that was about to expire. Is it possible to update this date without leaving the USA (now that he has a new passport)?

What's your friend's US immigration status?

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

#294

Post by proberts »

ameen wrote: post #223

Hello Peter, thank you for doing this. I had a couple doubts about the H1B processing during these times - my application was selected in lottery but my employer is going through a tough time and I’m not so sure if we’ll be able to survive till October. Is there any way to transfer my application to a new employer if I do happen to get another offer? Post grad student on an F1 STEM OPT. Thank you again!

Unfortunately, under USCIS's current policy and practice, unless and until you work for the sponsoring H-1B employer in H-1B status (after October 1, 2020), another company can't file an H-1B petition for you without going through the lottery again. Now USCIS could relax this policy (and sometimes USCIS doesn't follow it's own policy).

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

#295

Post by proberts »

dmnd wrote: post #252

Two related questions: 1. My wife and I both have independent E3 visas. If one of us wants to change status to E3D, can we do that without travelling outside the country? 2. Relatedly, can we extend the validity of our visas without travelling? Thanks for your help, Peter.

1. Yes, by filing an application with USCIS. 2. Visa renewal by mail is an option but this too has been suspended until the Consulates and Embassies reopen.

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

#296

Post by proberts »

VintageLight wrote: post #270
PopeDotNinja wrote: post #229

Earlier quoted context omitted.

Does he qualify for a TN visa?

You must be an employee for the TN visa. As a founder, he would not qualify.

This is a bit more nuanced. There's no flat prohibition against founders and owners getting TNs.

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

#298

Post by proberts »

codegeek wrote: post #244
proberts wrote: post #144

Earlier quoted context omitted.

Yes but really only when the employee manages employees now and will manage employees in the US (the US company should already have employees) or the employee possesses truly advanced and proprietary technical or scientific knowledge.

The employee is technically the CTO who manages the entire team overseas and I would like him to come manage some people here temporarily. L1A works for that ?

Yes, an L-1A is the likely option. How many people does he manage overseas now and how many would he manage in the US?

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

#300

Post by proberts »

immquestion wrote: post #74

I am British. Never been to uni, but have a successful career contracting as a software developer in London. My wife is Polish, has degrees. How difficult would it be (in terms of visas etc) to move to California for us? My understanding is that because I have no formal eduction, it can be hard to get a visa to move to USA (I think it would be easier for my wife).

An attorney would need to evaluate your respective backgrounds/qualifications to make that determination because, for example, many people without degrees qualify for H-1B and O-1 classification.
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