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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

#81

Post by corazoncito »

Hi Peter,

My wife (American citizen) and I (citizen of a South American country) got married in March of this year (we live on the East Coast) and I have submitted my Green Card application as well as Form I-765. Is it possible for an American company to hire me with that form pending? Or are my employment prospects basically zeroed until I receive said form?

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

#82

Post by proberts »

tawer3244r4 wrote: post #50

Are there any immigration law implications for H1B holderes interested in being a co-founder and/or investor and/or advisory role in a startup

The issue is whether these activities rise to the level of employment, that is, providing a service in exchange for some type of compensation or benefit or really anything of value. The main issues arise when the investor or advisor owns a piece of the company invested in or advised. The specifics very much matter, however, so send me an email if you would like to discuss.

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

#83

Post by CalChris »

Hi Peter, thanks for doing this.

Founders need to understand the basics of immigration paperwork. For native citizen founders, this is probably our first interaction with the USCIS; we basically know nothing. Can you point us to any YC or legal white shoes backgrounder on what we need to know about hiring people at their various stages of immigration paperwork?

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

#84

Post by eb3throwaway_5 »

My company is concurrently filing the forms I-140 and I-485 for my GC in the EB3 category pretty soon. 180 days after that, when the AC21 rules kick in, and I have my EAD, would I be able to move to another state in the US and continue working remotely from home for the sponsoring employer in the same position?

Thanks!

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

#85

Post by proberts »

asdf_snar wrote: post #64

Hi Peter, Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a…

To be clear, there's no restriction on being outside the US while in H-1B status for more than 6 months (that restriction only applies to green card holders - and even there really isn't a restriction). Consulates are processing visas but only on a limited basis where there is some type of emergency or urgent need or where the applicant is working in health care or some other type of critical field. So, it's still possible to get a visa now, it's just complicated.

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

#86

Post by emmajohson »

Hi Peter - thanks so much for taking the time. How quickly do administrations tend to impact the flow of immigration to a country? ie. if Biden were to relax some of Trump's policies, how soon could you expect people from Europe etc. to be able to start taking advantage of that. Know it's hard to gauge but would be great to hear from your experience with previous administrations.

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

#87

Post by garyfirestorm »

CalChris wrote: post #83

Hi Peter, thanks for doing this. Founders need to understand the basics of immigration paperwork. For native citizen founders, this is probably our first interaction with the USCIS; we basically know nothing. Can you point us to any YC or legal white shoes backgrounder on what we need to know about hiring people at their various stages of immigration paperwork?

USCIS

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

#88

Post by proberts »

eb3throwaway_5 wrote: post #84

My company is concurrently filing the forms I-140 and I-485 for my GC in the EB3 category pretty soon. 180 days after that, when the AC21 rules kick in, and I have my EAD, would I be able to move to another state in the US and continue working remotely from home for the sponsoring employer in the same position? Thanks!

I'd need to review the filed applications to advise but as a general rule, after an I-140 is approved and the I-485 has been pending for 180 days, the applicant can port his or her green card application to another company or even to another position or location within the same company - as long as the applicant continues to work in his or her occupation.
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