Dual 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?
Get up to date with your taxes.
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
#92What are the reasons to bring people to san fransisco in the first place and deal with immigration problems? Why can't startups just use a payroll provider like deel and have a semi-global team?
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#93Dual 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?
They cannot deny access to US citizens, which you are.
But... I hope you have been filing yearly taxes in the US...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#94What is the process like for employees waiting for i485 approval (2+ year wait times) who decide to change companies? Assuming EAD/AP and everything else has already been approved. My understanding is that the application is “portable” to an extent, but what exactly does that mean? Does the PWD need to be filed again? From a startup’s perspective, what does the company need to do to accommodate this incoming employee…
Generally it's very easy to port an I-485 application after the I-140 has been approved and I-485 has been pending for more than 6 months. The primary requirement is that the new job in the same or similar occupation as the previous job and that the new company is a real company with the ability to pay employee. But the job location, job salary, job level can all be different.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#95Any option to apply to something like L-1 after doing remote work for years from the EU for a US company? I'm not an employee, just a freelance and the company doesn't have a subsidiary here
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#96Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What are the methods available for these people to become citizens if they so wish?
There is not currently any specific "pathway to citizenship" designed for people who are currently in the country illegally. They would have to qualify for a green card on the same basis as anyone else, then apply for citizenship after that. However, they often are not eligible to do so because of their illegal prescence. If one has been in the US illegally, as an adult, for more than 180 days, they have a three-year…
The child rule makes no sense to me. What was the motivation?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#97In June 2021 I tried entering the United States with a TN packet as an Engineer with a Bachelor of Computer Science. However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status. Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was…
I know. This is really stunning but true. CBP officers have the right to review the admissibility of TN applicants any time even if they have a TN approval notice. But there's a solution of sorts. Please email me separately because this will be very case-specific advice.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#98I'm currently on a H1B visa with a company. Due to family reasons I intend on going back to my home country and spend some time with family, which means I'll have to quit work. Is it possible to come back to the US, assuming I'm able to secure a job with a company? And will this have to be done before the expiration date of the H1B document?
Without knowing all the facts, no; another U.S. company could sponsor you for an H-1B after your current H-1B expires without having to put your name through the H-1B lottery again.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#99Dual 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?
I don't think the US recognizes "dual citizenship" - as in they dont care, not they force you to give up a citizenship.
Once you have a US passport you are a US citizen, end of story. Doesn't matter which other passports you hold. You can't be denied entry into the US.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#100Thanks for the AMA, Peter! What are the options for a TN visa (Canadian) holder if they become permanently disabled (cancer treatment) and are unable to work at all? Are they able to renew their TN visa assuming the employer is okay with that?