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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

#161

Post by alex_h »

yalogin wrote: post #110

There is a restriction on green cards that the holder cannot be outside the country for more than 6 months. How strictly is that to be followed, asking because I might have someone in that situation soon because of the pandemic.

If the person intends to naturalize in the US, a 6+ month period outside the US is also presumed to break the continuity of residence, which resets the 5 year clock for naturalization.

You can challenge the presumption of a break though.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter...

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

#162

Post by mav3rick »

oskapt wrote: post #150
proberts wrote: post #85

Earlier quoted context omitted.

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 po…

I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April. The company I work for is being acquired, and we are preparing to move back to the US. The consulate here sai…

Why didn't she travel back before April ? Could have joined later and avoided this.

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

#163

Post by academia_hack »

I have always been curious about the concept of "digital nomadism" and remote working while traveling to many countries around the world. Most people I know living this lifestyle have a very lax viewpoint on the concept that remote working around the world incurs special tax liabilities/visa requirements. I'm not sure if that's actually true or if living in countries for 2 months at a time for the purpose of remote working does create tax & visa nightmares.

Do you have any advice for US citizens who might be interested in taking up that sort of lifestyle? In particular, are there countries that are trivially amenable to such arrangements or certain types of employment contracts / job arrangements that help provide legal cover for perpetually travelling employees?

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

#164

Post by ramraj07 »

sjs7007 wrote: post #127
immigrant1 wrote: post #109

Hi Peter, I'm a start-up founder, on a H1B, and I just filed my EB-1a-based I-485. My H1B expires end of March 2021. Do I need to renew my H1B, or can I simply use the AOS application to maintain status while the green card comes through? I imagine after my H1B expires, if I don't file for a renewal, I won't be able to work, unless my EAD comes through on time? Under normal circumstances I'd renew my H1B, but given t…

How can someone on a H1-B which is tied to an employer start a start up and file EB-1a?

Last time they explained some trickery around the board filing it if the board consists of some University folks if you finished your degree just there?

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

#165

Post by proberts »

academia_hack wrote: post #163

I have always been curious about the concept of "digital nomadism" and remote working while traveling to many countries around the world. Most people I know living this lifestyle have a very lax viewpoint on the concept that remote working around the world incurs special tax liabilities/visa requirements. I'm not sure if that's actually true or if living in countries for 2 months at a time for the purpose of remote w…

Unfortunately, I'm not familiar with the immigration and tax rules of other countries but what you mention I see happening more and more with our clients and our immigration laws are going to need to be changed to account for remote/no-fixed address employment.

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

#166

Post by loganu »

You can move to an O-1 or other visa, if you want to move from H-1B employer to doing your own thing. Since you've got a priority date already, you can keep that when you move to the new company, so the wait isn't completely lost.

I've helped 10ish founders go from H-1B employees to being a founder on O-1 this year, would be happy to chat through the playbook.

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

#167

Post by proberts »

maddynator wrote: post #159

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…

It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.

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

#168

Post by proberts »

returningfory2 wrote: post #158
Permit wrote: post #152

Earlier quoted context omitted.

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…

That's right, H-4 work authorization is limited to those with a spouse with an approved I-140 from a backlogged country (that is, India and China) and category.

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

#169

Post by 8611m »

Hey Peter,

Me and my partner recently (1 month ago) got our green cards via my employer. My partner had previously started green card process through their work as well which is currently in PERM phase.

Is there any value in continuing my partner's green card process through their work? Is it at all common that EB green cards are rescinded? I have no reason to suspect this, I am just being extra careful.

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

#170

Post by proberts »

oskapt wrote: post #150
proberts wrote: post #85

Earlier quoted context omitted.

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 po…

I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April. The company I work for is being acquired, and we are preparing to move back to the US. The consulate here sai…

The Embassy in Chile is clearly acting badly. So far it appears that you have received an informal opinion from the Embassy but there is a formal process under these circumstances that would reaffirm her green card status and allow her to travel back to the US. The document is called a returning resident visa and it probably makes sense or her to apply for this and force the Embassy to review the evidence and make a real decision. She should consult with an immigration attorney, however, possibly the immigration attorney for your employer, to help her with this application.
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