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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

#321

Post by proberts »

LAC-Tech wrote: post #314

I'm a New Zealand citizen. Is it possible to pursue American residency if I don't want to give up my solo business? (As I understand it this means I can't do H1B)

Yes, there are paths to working in the US (and ultimately getting a green card) through your own business. Depending on the facts, the typical visa options are the E-1, E-2, and the L-1 and the typical green card options are EB1 extraordinary ability and EB2 national interest waiver.

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

#322

Post by proberts »

dotBen wrote: post #288
proberts wrote: post #158

Earlier quoted context omitted.

The US-based marriage green card process is really easy and straightforward and the processing time seems to be improving. It's easy enough that you really could handle on your own but because you are in TN status, I would recommend that you at least consult with an attorney before filing.

Does the parent commenter need to be considering 'dual intent' issues if they are applying for their non-resident alien TN renewal while now engaged to a US citizen and potentially on a path to applying for a green card (resident alien)? More specifically, if the DHS officer asks during the TN renewal if he intends to apply for a green card or stay in the US once he is married, does he need to be thoughtful here? (fo…

That's a separate issue. If applying for a green card while in TN status, the timing of the green card application needs to be managed carefully if the applicant is applying through USCIS in the US and international travel needs to be managed carefully if the applicant is applying through a US Consulate.

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

#323

Post by proberts »

decide wrote: post #307

Hi Peter. Thanks for your prior help in our email dialog years ago about an e2. If I’ve received my O-1 but I haven’t started working at the company yet, can I still travel to the US on my O-1 while working remotely for a canadian company?

Yes but when you are in the US, you only can work for the US company pursuant to the O-1.

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

#324

Post by proberts »

rStar wrote: post #310

i have an acquaintance from columbia who was deported over a year ago and is now looking to get back into the US to continue treatment for a cancer type ailment. she’s looking for representation if you have a contact number of an attorney that could evaluate her case. she has reasonably strong english as a 2nd or perhaps 3rd language, and I believe she can pay.

Yes. Please email me and I can give you the names of good attorneys who specialize in this area.

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

#325

Post by proberts »

onn_h1b1 wrote: post #207
proberts wrote: post #205

Earlier quoted context omitted.

Possibly. The issue is going to be your ownership and control of the entity which almost certainly will result in a request for evidence. But you can structure the company in a certain way - independent board of directors, etc. - to minimize the chance of an RFE or even a denial.

For the same situation, what if the visa is H1B1 and not the H1B? It looks like H1B1 is non-transferrable to a different company and needs a new application from the beginning.

That's right, there's no "portability" for an H-1B1 (or premium processing) so if one is in the US and wants to move from one H-1B1 employer to another, he or she needs to leave and apply for a new H-1B1 visa at a US Consulate abroad through the new employer or the new employer needs to file an H-1B1 petition with USCIS. But since premium processing isn't available, the latter process would take months.

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

#326

Post by proberts »

kyawzazaw wrote: post #309

What is the fastest possible time from OPT to EB3 based visa to greencard? (for non-backlogged country)? both incl. and excl. audit, premium processing

From the submission of the PW request and commencement of recruitment, 18-24 months.

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

#327

Post by proberts »

wing-_-nuts wrote: post #277

Hi Peter. I believe the regs around the H1B require workers to be paid close to their US counterparts. Based on what you've seen and heard, to what extent does this actually hold true in the real world? The general consensus in tech is that H1Bs are underpaid vs their US coworkers, but that many companies in the bay area (FAANG, etc) do pay fairly.

All I can comment on is my clients and most of them are in high wage areas where there's serious competition for talent and looking for highly skilled workers and they pay their FN employees as much as they pay their US workers because they have to or their FN candidates will just go elsewhere. But I've heard of abuse of FNs.

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

#328

Post by proberts »

throwAway77783 wrote: post #292

Hi! I'm currently in the US (Bay area) on a L1B visa. I have been working (coding) on a side project since 2 year and it is almost enough mature to become a startup. Is there some option to start a company in the US as a L1B? Or will I have to relocate in my home country to do it?

You can only go so far with your startup before you need to get some type of work authorization or need to leave the US as you suggest. The challenge is knowing when you need to make this change. For many of our startup clients, it comes down to hours in the day; there's just not enough time to do their day job and also work on their side project.

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

#329

Post by proberts »

kami8845 wrote: post #270

I'm currently waiting for my EAD (Applied for a GC via marriage to a citizen). What's your opinion on expedite requests with the reason being financial loss (I have a pending job offer from startup)? Is it worth trying?

It's definitely worth trying - there's no downside - but the chance of success is low because there are so many people in the same situation. The limited success I've seen is where someone has a family and is the sole wage earner or someone is working in a field where there are real timing issues/deadlines, such as education, or where someone is working in a national interest field, such as healthcare.

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

#330

Post by proberts »

throwaway1840 wrote: post #271
proberts wrote: post #258

Earlier quoted context omitted.

1. This will depend on where he will be living/working since the PW is location-specific. 2. He can work remote but the company still needs to have physical commercially zoned office space even if it rarely used.

Thanks! What is the prevailing wage for a SaaS CEO in Bay Area? Is there a website I can check for prevailing wages in general?

Yes, go to https://www.flcdatacenter.com/oeswizardstart.aspx.
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