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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

#311

Post by proberts »

VintageLight wrote: post #272
canucktrash669 wrote: post #234

Canadian living in Canada with a EU citizen on a PR (permanent residency in Canada). Let’s say I get in on a TN, I understand she can accompany me without being allowed to work. How long would it take for her to get a work permit? Months, years?

If she is not your spouse, then she will not be able to accompany you on your TN visa. If she is your spouse, she can enter on a TD visa while accompanying you. The TD visa does not have work authorization so she will not be able to get a work permit. So to answer your question: Never. However, being in the US will allow her more opportunities to interview with companies that may be willing to sponsor her on other vi…

She also could accompany you to the US in B-2 visitor status as your non-spouse cohabitating partner and effectively remain in the US as long as you are in TN status.

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

#312

Post by proberts »

jumana wrote: post #188
proberts wrote: post #181

Earlier quoted context omitted.

No entry deadline since this was all done in good faith. You should be fine traveling to the US on your L-1 visa when you're able to. Possibly carry a letter from your employer confirming your employment.

Perfect thanks. Do they count the time in and allow you the lost months ? I fear I could loose months with this. Also can I get my green card process started while I am here or we have to wait until the entry? Thanks

The time that you are allowed to be in the US in L-1 status doesn't change - get extended - because your entry has been delayed. And yes, the green card process can be started while you are outside the US.

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

#313

Post by proberts »

tokename wrote: post #221
proberts wrote: post #214

Earlier quoted context omitted.

What's your wife's current status?

She is on OPT Stem Extension.

So you could sponsor her for a green card and while that application is pending, she could attend school. She wouldn't need an F-1 visa to do so. But consult an attorney before proceeding.

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

#315

Post by swyx »

proberts wrote: post #277
swyx wrote: post #264

Hi Peter! thanks for doing this! I'm a Singaporean. The crisis caught me at an inconvenient time - I'm in the middle of switching jobs, and had just flown back to Singapore to get my next H1B1 visa. However now the US Embassy has stopped regular processing of visas. So I'm supposed to start work on Monday but I don't have a visa. Since we have no idea how long this thing is going to last... Is there something I can d…

There's nothing you can do now to travel to and work in the US on an H-1B1 visa until the US Consulates and Embassies reopen. Until then, you are absolutely fine to work remotely for your employer now whether as an independent contractor or even a direct employee.

thanks for the assurance Peter! this helps me a good deal in this time of uncertainty when nobody seems to know what to do.

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

#316

Post by prpl »

proberts wrote: post #287
prpl wrote: post #218

Hi Peter, Is there any risk in filing for adjustment of status in another area to speed things up? Are there any rules/residency requirements in doing so? It appears the Texas service center, for example, has been processing cases ~3 months faster than the California service center.

Would this be a marriage-based or employment-based green card application?

Marriage based

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

#317

Post by ck9 »

Hi Peter, I’m 4th generation of (South) Korean Japanese who traveled to North Korea in 2018. My application for B-2 visa was filed last August and after “administrative processing” status, it turned out to be “refused” last week. While I intended to use ESTA in the beginning, I was forced to switch to B-2 visa following Trump’s decision to disqualify ESTA for those who have traveled to North Korea since 2011.

Since my job requires me to interact with our clients based in the US, losing the ability to see them would put me in a horrible position.

I have contacted the embassy multiple times to ask if there were any additional documents to submit, but I was only told to wait for an update online.

What do you think I can do to continue the appeals process? Is there a trend where those who have been to North Korea are all rejected?

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

#318

Post by codegeek »

proberts wrote: post #298
codegeek wrote: post #244

Earlier quoted context omitted.

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?

7 overseas and US tech team will be built under him.

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

#319

Post by thegreenswede »

proberts wrote: post #274
thegreenswede wrote: post #190

Hello! My girlfriend is currently an au paire on J-1 Visa but wants to leave her current host family due to bad work conditions. She will attempt a rematch to find a new family and continue working under the program. However, she knows some au paires in similar situations who filed for Tourist Visa whole working and still in the US, and then stopped working while waiting and being 'out of status' but remaining in the…

Yes, she could file a change of status to B-2 visitor status and while her application is pending, she could remain in the US. But this application should be filed before she quits her J-1 employment and note that there is no guarantee that her application will be approved.

Thank you thank you thank you!! Omg what a relief for her. Her current host family is acting hostile to her, making her work 80+ hours a week during this lockdown bc of course the kids have no school and telling her that they will keep her locked in until a vaccine is ready, even if the gov eases lockdown rules.

She was getting desperate and her mental health was deteriorating due to the uncertainty of her options.

This made my day. Thank you so so much!!

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

#320

Post by 3001 »

proberts wrote: post #308
3001 wrote: post #233

Earlier quoted context omitted.

inside the USA currently on stem opt.

Then that ban only applies to those applying for visas or green cards from outside the US. You still can pursue a green card in the US because you are in the US.

Really?The way it was reported says something else.I guess I need to go talk to a lawyer. Here is the link to the executive order https://www.dhs.gov/news/2020/01/31/2020-travelvisa-restrict...
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