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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 ashconnor »

joshvm wrote: post #304
Gunnerhead wrote: post #87

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…

One option is to apply for Global Entry/NEXUS for Canada. You will have a single potentially miserable interview with a CBP officer who might bring your denial up because I'm sure they ask if you've been refused entry before. But if they're happy, you can enter the border without speaking to any agents (or a significantly reduced chance). Once cleared, on arrival, they snap a picture of your face at a kiosk and wave…

I was going to suggest this but I don't think it would prevent being pulled into secondary.

Also, make sure you tell them you are on TN status or they will happily wave you through on B1 which you won't know until you download your updated I94.

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

#322

Post by gnandigam »

proberts wrote: post #291
gnandigam wrote: post #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).

If your I-140 has been approved and your I-485 has been pending for at least 6 months and you will be working in a similar occupation, then it should be easy. The wrinkle here - which would require a conversation - is your layoff.

I-140 approved. I-485 pending for 1 1/2 year. Have been on H-1B throughout my employment (i.e., haven’t used AP or EAD). What wrinkles do I have?

Thanks a lot for taking time to answer me.

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

#323

Post by [deleted] »

jkaplowitz wrote: post #277
arcticbull wrote: post #177

Earlier quoted context omitted.

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…

> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency.' 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…

[deleted]

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

#324

Post by ashconnor »

Maciek416 wrote: post #173
bonestamp2 wrote: post #157

Earlier quoted context omitted.

> 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 n…

I am not a lawyer. The transition from TN->GC is possible too under the right (narrow) circumstances. The big tradeoff is not risking travel while within the lifecycle of one TN term, and likely not being able to straddle a GC application across the boundaries of a TN renewal period at all. For some countries of birth, a TN term is not long enough to get through the GC pipeline. But for Canadians born in Canada, ones…

It's totally possible to go from TN to GC but you won't be able to leave the United States from the point you file your I140/I485 until your Advanced Parole document turns up. You also can't get a new TN should you need one.

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

#325

Post by lannisterstark »

Gunnerhead wrote: post #87

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…

Cbp officers are sometimes.... dumbasses.

One told me I had to get a Mexican visa if I were to come back since I was visiting so often. Mexican visa. To enter the United States.

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

#326

Post by cyberninja123 »

proberts wrote: post #129
_corvo_ wrote: post #121

Earlier quoted context omitted.

No, I’m not a manager and won’t be managing any employees.

It's going to be a long process to a green card then. The only reasonably fast path is the EB1A extraordinary ability path and the standard is very high and difficult and subjective/uncertain.

Hi Peter, thanks for doing this AMA!

I am from India as well, and I am currently a startup co-founder for a self-funded startup that currently employs about 5 American Citizens full time. My other co-founder is with me on the idea of continuing the self-funding situation and acquire more customers which will increase our revenue.

I am considering applying for EB-1 but wondering what my changes would be to get a GC through that path, would you rather advise me to wait a bit more until we hit 10 American Citizen workers in our company?

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

#327

Post by nrmitchi »

ashconnor wrote: post #321
joshvm wrote: post #304

Earlier quoted context omitted.

One option is to apply for Global Entry/NEXUS for Canada. You will have a single potentially miserable interview with a CBP officer who might bring your denial up because I'm sure they ask if you've been refused entry before. But if they're happy, you can enter the border without speaking to any agents (or a significantly reduced chance). Once cleared, on arrival, they snap a picture of your face at a kiosk and wave…

I was going to suggest this but I don't think it would prevent being pulled into secondary. Also, make sure you tell them you are on TN status or they will happily wave you through on B1 which you won't know until you download your updated I94.

> Also, make sure you tell them you are on TN status or they will happily wave you through on B1 which you won't know until you download your updated I94.

Bingo. I had the unfortunate experience of crossing after obtaining a renewal through USCIS, but before my original TN had expired.

Despite giving them all of documentation, including the I-797A and new I94, the agent entered me based on my old TN, which expired.... a couple days later.

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

#328

Post by rcme »

simonbarker87 wrote: post #42

UK 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?

You could find a US company with an office in the UK that will let you work there for a year before brining you to the US on an L1. You could also apply for an O1 if you’ve published a lot.

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

#329

Post by pkaye »

arcticbull wrote: post #177
Maciek416 wrote: post #164

Earlier 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…

> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency.

Its fine if you stay outside of you for less than 1 year. Beyond that you should get a reentry permit before you leave.

https://help.cbp.gov/s/article/Article-820?language=en_US

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

#330

Post by bubblethink »

hsjqllzlfkf wrote: post #176
proberts wrote: post #132

Earlier quoted context omitted.

Either the NIW (national interest waiver) or EB1A (extraordinary ability) path. Are you in the U.S. already?

I'm not at the moment. I spent 1 year there. I can go back; would being physically in the USA improve my chances with either of those visas? Edit. I thought I'd clarify: I've held an L1B and I still do. I'm not in the US now but I can be.

Not a lawyer. It may not improve chances directly except in two regards: 1) Having a US employer with US salary would make it a little easier to satisfy some criteria (e.g., high salary in eb1a), and 2) Changing the status from one category to a green card is easier to do in the US through an adjustment of status where you can continue to work in the US based on an existing status (e.g., H1B, O1, L1, etc.). If you do everything from outside the US, you need to go through the consular processing route, which can take a year or more.
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