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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

#141

Hi Peter, My father who is a naturalized US citizen since Oct 2018 (He got his GC in Oct 2013) filed for my GC. I am in F2B. I am born and raised in India, 32 yrs, unmarried, 5 years of exp in IT. Priority date → Nov 2017 Petition approved → Nov 2020 My file should be with NVC now, probably in cold storage. How severely has the pandemic slowed down application processing? I have been hearing there will be no change i…

The NVC/immigrant visa process is a disaster unfortunately. Given how long you have been waiting, I definitely would recommend that you or your father contact a local Congressional office to make an inquiry on your behalf.

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

#142

Earlier quoted context omitted.

Where exactly is this person in the process?

All the documents have been accepted and waiting on NVC to work with the consulate to schedule an interview.

Unfortunately, the NVC/immigrant visa process is a disaster right now; the NVC is completely overwhelmed. If the process drags on, I would recommend that you contact your local Congressional office to make an inquiry.

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

#143

Hello, can a H1-B holder work permanently in a fully remote US position? Are there any restrictions? Thanks

I did this on H1-B. Your employer may or may not need to change the "statistical zone" where you are working if you move around, because salaries need to match it. A work location change is an easy H1-B amendment but you need to file it, and it may also reset your greencard application on some cases. You should really talk to your employer about it, they will need a lawyer.

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

#146

Hello, I want to know about E2 visa, Is there a website to go look for businesses for sale that are also E2 compatible. Thank you for doing these!

There isn't a website but the E-2 visa is really a great option for those seeking to establish a business in and move to the US.

As I understand there’s no pathway from E2 to Green Card. E2 visa holder will need to get extensions every two years. It is a great option, but there are a few downsides.

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

#147

Hi Peter, My father who is a naturalized US citizen since Oct 2018 (He got his GC in Oct 2013) filed for my GC. I am in F2B. I am born and raised in India, 32 yrs, unmarried, 5 years of exp in IT. Priority date → Nov 2017 Petition approved → Nov 2020 My file should be with NVC now, probably in cold storage. How severely has the pandemic slowed down application processing? I have been hearing there will be no change i…

The NVC/immigrant visa process is a disaster unfortunately. Given how long you have been waiting, I definitely would recommend that you or your father contact a local Congressional office to make an inquiry on your behalf.

OK, will do.

So I see there could be no guesstimates as to when I might get my GC?

Would you please comment on what I ought to know before I hold dual citizenship of US + Canada? Or is that even possible?

Thanks again for fielding these questions :)

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

#148
post #48

What are the legal risks for a US company to hire a foreign contractor in a model that is more like of a full time employee? I am the foreign contractor in this situation and I like it. I wish many more companies would hire this way, since a real FTE would require the company to establish a presence in my country (which will never happen). I understand the risks of hiring as contractor with an employee-like agreement…

It would ultimately be more of a question of the laws of your country. From the US's perspective, even if you were an employee, it would be foreign source income as long as you remain outside of the US so they aren't going to gain any taxes if you were considered an employee.

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

#149
Thanks for doing this AMA! I am a US citizen who would like to start a company with someone in US on H1B. What is the best approach to try and go about this? I know this is a complex topic where details matter. Would really appreciate a general framework for going about this. Thanks!

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

#150
Not a question, but a testimonial: the quality of work from Peter Roberts's firm has declined in the last couple of years. We switched to different attorney this year. We've had dozens of cases for different people where they made lots of mistakes in the applications. I'm not sure why, but I would stay away from them.
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