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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

#151
As a UK national and fresh CS master's graduate from a top university, what are the best ways to immigrate to the US from the UK asap?

Starting as a grad SWE at a chip company in September. Current plan is to try get hired in a big tech or HFT/Quant after 1 year, and build most desired skills to help chances of sponsorship in future.

Thank you, advice appreciated from anyone.

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

#153
If an employee has been working for a US company for a few years (like on a TN or L-1A visa), is it common or expected that the employer might cover the costs involved in getting permanent residency? Or is typically on the employee to sort that out themselves?

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

#154
post #153

If an employee has been working for a US company for a few years (like on a TN or L-1A visa), is it common or expected that the employer might cover the costs involved in getting permanent residency? Or is typically on the employee to sort that out themselves?

[dead]

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

#155
What is the immigration process to move to another company if you are waiting on I-485 approval (status: pending, but EAD granted)? I’m currently laid off from the company that petitioned for my GC. (I’m not sure if I received a visa number).

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

#156

In 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…

Also on TN status with a Computer Science degree. It appears to be luck-of-the-draw with the CBP officers. I also have two Software Engineering modules and my program was under the Faculty of Engineer which helps.

I initially applied for L1B at Peace Bridge and was told that I needed to show the company I worked for was profitable (not true).

We drove to Detroit-Windsor from Fort Erie as they told us there were no appointments until three weeks out (you don’t actually need an appointment I found out later).

In Detroit I was denied my L1B because “the last year you worked abroad cannot count towards your acquisition of specialized knowledge” (also false).

My opinion of CBP is you need to get the right one or have your lawyer on speed-dial so they can argue with the officer.

Getting status at the border used to be seen as a pro for Canadians but more and more I’m seeing it as a con.

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

#157

In 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…

> However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status.

My wife had a similar thing happen (not a TN visa though). The immigration lawyers got to work and she was allowed to try again a couple weeks later. This time the officer agreed with the assessment that she was qualified for that visa type. The original officer had a very narrow perspective on how a certain job title was defined that was not inline with how most companies operate.

If your company has a Canadian office, the lawyers could try getting you on an L visa. Or there's an E visa. Once you're on one of those visas then your company can sponsor a green card. Green cards are much more stable and they're easier to renew. Then citizenship if you want to go that far.

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

#158
How often do you see mistakes in application? Was doing TN to GC and my case was considered abandoned because we never got the RFE for medicals. We also never got any warning online or otherwise. After 9-months of the supposed RFE, it was denied. My lawyers recommended not reopening because of TN

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

#159
What would be the advice for Canadians who want to start a company, but are unable to do so because they are on a TN/H1B?

As I see it my only options are:

a) Move back to Canada, start company there. Does this impede getting VC funding? Can I somehow move back to the US if my company becomes successful?

b) Wait until I get a greencard.

Further question:

c) Is it better to go TN->PERM or TN->H1B->PERM, what are the drawbacks of the first option?

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

#160
post #149

Earlier quoted context omitted.

Most countries have a treaty of commerce and trade with the U.S. that gives rise to the E-2 visa. In short, you must establish a U.S. company, you and/or others from your country of citizenship must invest at least $100k in this company, the company must spend a substantial portion of this on business related expenses, and you must have a good business plan showing, among other things, the employment of U.S. workers…

Thanks. I'm asking how it would help you to become an immigrant (the original question).

You could've restated your original question without the condescending first sentence, GP obviously didn't know that, so the derision is wholly unnecessary.
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