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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

#151

Post by oskapt »

ilarum wrote: post #138
sushshshsh wrote: post #70

Earlier quoted context omitted.

My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now. Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.

You don't need to leave the United States to renew your passport. Your country's embassy in the US can do it for you.

This is true. My wife has renewed her Russian passport from Poland and from Chile, as well as from within the United States.

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

#152

Post by Permit »

groundedgoose wrote: post #147
Permit wrote: post #140

I have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a TN visa. I can choose to relocate any time from January to July. I would like for my wife to be able to work in the United States. My understanding is that if I get on an H1B visa she would be able to get an H4 visa that allows her to work. My question: Since…

Your spouse can't work in H4 visa

Thanks! I must be misunderstanding something then.

I was going off: https://www.path2usa.com/h4-dependent-visa

> An H4 visa allows visa holders to:

> Get a driver's license

> Pursue education

> Open bank account(s)

> Become eligible for an ITIN (Tax ID for IRS Tax purposes)

> Work in the US

Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?

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

#153

Post by laurencerowe »

I’ll be eligible to apply for naturalisation next year. N-400 processing times for the SF office are currently 14.5-17.5 months, compared to 9.1 months nationally and 5.6 months 4 years ago. Speculatively, is this something the new administration could remedy quickly?

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

#154

Post by sunir »

jmangubat wrote: post #148

I'm a Canadian hired on a TN Visa for a California start up, I start in mid-December and plan to fly into California to obtain my Visa at that time and then fly back to work remotely from Canada. Is there anything about the TN that prevents me from working outside of the States?

Why are you flying to California? For onboarding? I would recommend getting a TN prior to your flight in case there are problems.

You don't need a TN if you're physically in Canada. You only need the TN if you're entering the United States to work. If you don't need to enter the United States, you can avoid this for now.

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

#155

Post by sunir »

jariel wrote: post #146
jonatron wrote: post #128

Can I get a TN1 as a citizen but a non-resident of Canada?

I am 100% not a lawyer, so understand that. But having gotten a few TNs at the border, they've never really asked about residency. With your degree, a letter from the employer highlighting the constraints (role, salary), they ask you some questions and that's it. If you are young, the border guards might get stuffy that you make 2x their salary, I found that to be the case. The Mexican border officials I found have n…

You have to ask for a NAFTA officer. You should do your research where the NAFTA officers are and cross at those border entries at the times they are present.

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

#156

Post by throwitaway4421 »

I was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 came in after the OPT expiration date. Not only that, the approval notice came in after the 60 day post OPT grace period (and I didn't leave the US). So, I overstayed on my OPT visa, but I am currently in the US on a valid visa. Should I expect problems in the future? Am I still accruing unlawful presence due to overstaying the OPT? Or does the clock stop once I receive the I797.

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

#157

Post by jmangubat »

sunir wrote: post #154
jmangubat wrote: post #148

I'm a Canadian hired on a TN Visa for a California start up, I start in mid-December and plan to fly into California to obtain my Visa at that time and then fly back to work remotely from Canada. Is there anything about the TN that prevents me from working outside of the States?

Why are you flying to California? For onboarding? I would recommend getting a TN prior to your flight in case there are problems. You don't need a TN if you're physically in Canada. You only need the TN if you're entering the United States to work. If you don't need to enter the United States, you can avoid this for now.

They don't have Canadian payroll set up and don't want to hire contractors.

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

#158

Post by returningfory2 »

Permit wrote: post #152
groundedgoose wrote: post #147

Earlier quoted context omitted.

Your spouse can't work in H4 visa

Thanks! I must be misunderstanding something then. I was going off: https://www.path2usa.com/h4-dependent-visa > An H4 visa allows visa holders to: > Get a driver's license > Pursue education > Open bank account(s) > Become eligible for an ITIN (Tax ID for IRS Tax purposes) > Work in the US Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?

You need to have an approved I-140 immigrant petition for your spouse to qualify for H-4 based employment authorization.

However, if your or your spouse's country of birth is also Canada, then at the present time you and your spouse can file for green cards concurrently with the I-140. Both of you will receive work authorization via these pending green card applications.

So the H-4 employment case wouldn't be really relevant to you. That program exists for people born in countries whose green card lines are backlogged, and who can't file for green card with their I-140.

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

#159

Post by maddynator »

I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card.

Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years before I can get anywhere with EAD or citizenship.

How do I go about starting a company on H1B?

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

#160

Post by bird_monster »

kblev wrote: post #139

I'm a DevOps engineer living in Europe with 10+ years IT experience. No formal education. What's the best path to work and settle in the US with my wife? What's a good but reasonable salary that I could achieve?

Salary will depend heavily on where you want to live. As someone else commented, SF salaries are insane.

If you don't live in SF, your salary will not be that insane. Seattle/New York will be close.

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