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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

#91

Post by eb3throwaway_5 »

proberts wrote: post #88
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.

Thank you!

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

#93

Post by proberts »

kasrak wrote: post #77

Hi Peter, - Are J1s being issued for software engineering interns for next summer? I thought these were paused, but not sure what the latest is. - Would it cause problems if an H1B holder relocates to a different US state (one where the sponsor company doesn't have an office), but keeps working remotely for the same company? Thank you.

J-1s are still being issued but only on an exceptional basis. It's likely that this ban will go away with the change in administration. As an H-1B visa holder, you can only work at the locations listed on the LCA and I-129 with limited exceptions. So if you want to work remotely for an extended period of time at a location no so listed, then your employer likely will need to file an amended H-1B petition before you are able to work remotely.

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

#94

Post by garyfirestorm »

corazoncito wrote: post #81

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?

IANAL you must get ead card in your hand to be able to work. Employers will not even interview you if they don’t receive a copy of it.

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

#97

Post by arcticbull »

proberts wrote: post #88
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.

My understanding is that once you have an approved I-140, an I-485 pending for over 180 days, and an EAD, you can pretty much do whatever you want (including nothing) so long as by the time your I-485 is adjudicated you then have a same or similar job. Is that correct?

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

#98

Post by Havoc »

This must be right up there with the best in terms of successful advertising campaign.

And I don't mean that negatively - clearly tangible value is provided in these threads so fair play.

Still...PR masterstroke in terms of reaching your niche audience.

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

#99

Post by proberts »

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 offers guidance on its website but I'd recommend that you spend 15 minutes with an immigration attorney to understand the immigration options and issues (because the USCIS guidance is limited).
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