I'm a UK-based software engineer with 6 years experience in a few domains e.g. telecoms, fintech, legaltech - could I realistically get a National Interest Waiver for an EB-2 visa? I don't have any citations or academic profile beyond a undergrad degree, and that seems to be the focus.
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
#272How long can a green card holder stay outside of the US without loosing the green card? What roles do forms I-131 and N-470 play? Many thanks!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#273As a Canadian, for L-1Bs adjudicated by CBP at a Canadian port of entry, how long does it typically take for USCIS to send the I-797 approval notice after processing? CBP officials have not shared the tracking number for USCIS tracking (WAC #) during the border processing and hence there's radio silence on the processing. Do you recommend international travel and re-entry to the US with just the endorsed I-129S, pass…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#274Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#275My startup is taking off, but I'm on H1-B, about to get my perm and apply for I-140. I haven't incorporated, haven't setup an LLC, have accepted payments on my girlfriend's sole proprietorship. What can I do here that doesn't screw me over when it comes time for my interview?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#276Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#277Earlier quoted context omitted.
Much like the other commenter, I learned to never ever do any of this stuff (ordinary travel or renewals) via land crossings. You can have a major trajectory change to your life on the whims of a border guard who is just having a bad day even if all of your ducks are lined up and perfectly documented by a large multinational. Bend over backwards to avoid land crossings until you can secure yourself a greencard.
It doesn't really matter which crossing, IME, you may always encounter a power-tripping officer, and officers at each kind of entry port have the same power. I've been waved through no questions asked at land crossings, pulled into secondary and interviewed by 6 officers in pairs of 2 at an air crossing - and vice versa. Ultimately, admission is at the discretion of the officers unless you're a citizen. Even a green…
I don't believe CBP is allowed to deny a green card holder entry on this basis if you provide any evidence that amounts to a colorable claim of being an LPR, such as a physical green card. They are allowed to pressure you to officially give up your status by convincing you to sign an I-407, but you have the right to decline that and insist on being let into the country because you believe you did not abandon your residency. In turn, CBP could choose to refer you to an immigration judge, but this would still involve letting you in.
If they do want to bother with the referral, CBP would take the physical green card, give you alternate proof of status, give you a Notice To Appear for removal proceedings before an immigration judge, and let you in with all the same rights as any other green card holder on a tentative basis. Yes, the immigration judge would still revoke permanent residency if you are found to have abandoned your residency, but you have the chance to involve your immigration lawyer and argue your case before the immigration courts. And there might be a long wait before you even get the court date in the first place.
I am not a lawyer or other immigration professional and am speaking generally here based on general information. If you think you might be in a situation where this would happen to you, consult an actual professional for proper legal advice applicable to your case.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#278As 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.
For up to one year after you graduate you're eligible to get a one year J-1 visa to work in the US [1]. However it will be quite tricky to find another way to get work-authorized when the J-1 is over. So I don't really see this as a viable way to start living in the US long term. Probably the fastest and simplest way is to get hired by a big tech or US-based HFT company in the UK, and transfer over on an L-1 visa aft…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#279Any advice for an US citizen expat who wants to found while living abroad? (Tokyo, Japan) e.g. About whether to incorporate locally or in the U.S., and that sort of thing -- anything unique to an expat situation. (This may be out of your wheelhouse, but I figured I'd ask.)