how are tax records examined when applying to transition from lpr to citizenship?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
71–80 of 409 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#72Let's say I have a business/startup idea, funding is "fine" but I wish to just use Filipino nurses due to shortages - (or other skilled labor from the Philippines) - Would it have to be solely through H1B? I've seen/witnessed that for certain types of jobs, e.g. teachers - alot of these barriers are moved. What sort of obligations would a company have to first show that they tried but couldn't hire local people, or f…
Because you mentioned nursing, I'll respond to that. The issue with nursing positions is that they often are not considered H-1B positions. This is why years ago there was a special visa (the H-1C) for nurses to deal with the shortage. Other than the H-1B, there really are no options for nurses.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73How would somebody that qualifies as a TN NAFTA Professional (e.g. Canadian applying for engineering job with relevant engineering degree) answer the question of "Are you authorized to work in the US?", particularly with regards to sponsorship? As I understand it, the question is to determine if the employer needs to apply for a visa, (H-1B, etc) but according to USCIS all the employer has to do for TN is provide a letter outlining the job, employee qualifications, etc. Is this considered sponsorship?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74What are you seeing in terms of impact of the Canadian Open Work Permit for U.S. H-1B Visa Holders? Has there been a large volume of talent moving to Canada from U.S. tech centers? Edit: It looks like the 10,000 person cap was already hit [1]. Do you think there is a huge demand beyond the 10k cap? [1] https://www.canadavisa.com/h1bowp.html
The might did it out of desperation, but soon they will realize it was mostly a mistake due to low wages, high prices of goods and taxes, very limited opportunities and funding for small businesses, limited market, and obviously the harsh weather is the cherry on top.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75Hi I am not really asking for specific advice (since I know our situation is already not working out to nice…), I just want to highlight how absurd the state of affair is and maybe get some input on that. My wife is a US citizen and we currently both live in Germany and planed to move at the and of this year. We’ve filed a I130 in November last year and got an initial estimate of it being done right now (7 Months not…
Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when here. We've had spouses in the same situation spend months and months in the U.S. while waiting for the green card process to run its course.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76How would somebody that qualifies as a TN NAFTA Professional (e.g. Canadian applying for engineering job with relevant engineering degree) answer the question of "Are you authorized to work in the US?", particularly with regards to sponsorship? As I understand it, the question is to determine if the employer needs to apply for a visa, (H-1B, etc) but according to USCIS all the employer has to do for TN is provide a l…
The TN is company-specific so if you are applying for a new job, even if you have a TN with one company, you would need a new TN and even though the TN process is generally simple and easy, it qualifies as sponsorship.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77How can startups more effectively use the OPT program? (I work at a university) I see a lot of graduating international students who would love to stay in the US post graduation and work at startups but navigating that seems difficult for startups.
Isn't OPT quite simple for the employer compared to H1-B, etc.?
For the basic OPT, you don't really do any paperwork--the school and student do some paperwork and obtain an EAD that you use for the I-9 form.
For the STEM OPT extension, you have to be participating in E-Verify (required in many states anyway), and fill out a training plan for the two years: https://www.ice.gov/doclib/sevis/pdf/i983.pdf
I think the bigger issue is continuity--employers that plan to convert these to other visa types for continue employment will need to be planning for that from the beginning to avoid interruptions.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Dual Irish/US Passport holder here -- if I wish to emigrate to the US do I have to do anything other than buy a plane ticket?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79UK couple, both have engineering PhDs and 10+ years experience in engineering (dev and automotive), not rich but not poor. Is there a sensible path to US immigration that doesn’t leave them in the H1B bind or always on the verge of being deported?
In case Peter doesn't answer, my personal experience has been that you'll want a more stable work visa than an H1. Given your skills, one of you should be able to get one (and the other can come as a spouse and apply for a work permit with the right visa type). After a few years with that, you can apply for a green card (permanent resident status). I know people who have renewed those for decades without becoming cit…
Thanks for the response. Yes, there are other options that aren't subject to the crazy and uncertain H-1B lottery such as the O-1 visa (which, without knowing more, you both probably would qualify for). And while the O-1 is tied to a company, this can be your company. A lot of founders in the U.S. are on O-1s. There is also the intra-company transferee visa (if you are transferring to a related company in the U.S.) and the E-2 visa if you are looking to start a company in the U.S. based on a substantial investment.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80Hi I am not really asking for specific advice (since I know our situation is already not working out to nice…), I just want to highlight how absurd the state of affair is and maybe get some input on that. My wife is a US citizen and we currently both live in Germany and planed to move at the and of this year. We’ve filed a I130 in November last year and got an initial estimate of it being done right now (7 Months not…
Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when…
Thanks for the quick response, I agree if it would be that easy, sadly I’ve had friends that were turned away by customs for that exact reasons (staying months while they visited last time) and got recommended against even trying to enter by an attorney since the I130 in flight might be used by US customs against me.
I don’t think you or anyone can assure me that if I am currently trying to enter the country for a visit I might not be turned away by customs (worst case scenario being barred from entering for years).
I don’t know how you can plan your existence around random chance of US customs.
Please correct me if I’m wrong with that assessment.
To come highlight again, this has been a huge surprise to my wife’s family who resides on both sides of the political aisle.
They assumed it would be bad, but not quite how bad.