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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

#371

Post by Scoundreller »

ashconnor wrote: post #324
Maciek416 wrote: post #173

Earlier quoted context omitted.

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.

> 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

How long does this take usually?

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

#372

Post by proberts »

shytey wrote: post #311

Can I grant myself a visa with my own LLC? I co-own and run it remotely, it's making 600k profit from 4mil revenue. It's based in the US, I'm from Ireland, living in the UK. It hasn't taken investment but we reinvest a lot of revenue in growth.

I would recommend looking at the O-1 and the E-2. The EB5 is a green card category that takes a while now and could impact your travel to the U.S. in the interim.

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

#373

Post by proberts »

injb wrote: post #187
0ct4via wrote: post #160

Earlier quoted context omitted.

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

OK I edited and removed the first sentence. Apologies if I sounded condescending.

There's a basic common misunderstanding that there's a connection between an individual's underlying nonimmigrant status and his or her green card options. There's no connection. Underlying status has no bearing on green card options. The connection is merely coincidental. Green card options are analyzed separately regardless of underlying status. Underlying status can impact timing and travel but not the path. So, as an E-2 you can pursue a green card and the path will depend on your job, your qualifications, etc.

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

#374

Post by proberts »

asdadsdad wrote: post #225
Maciek416 wrote: post #182

Earlier quoted context omitted.

I am not an immigration lawyer. Something you should be aware of is that when applying for a green card, your status as a Canadian (whether permanent resident or citizen) or as a Brit (ditto) is completely irrelevant. The green card process sees your application solely through the lens of your birth country. The GC backlog for Chinese-born people is very lengthy. So lengthy that it tests the longevity of a visa or a…

(short time is 2 years for no-backlog)

Correct. Hong Kong is the correct country of chargeability so the process, particularly if an NIW-based green card is pursued, would be around two years based on current green card backlogs and processing times. The problem with TN status for those pursuing green cards is that because of the current backlogs, you might be in the difficult position of needing to travel or extend your TN while you are in the green card process but bot far enough along such that could get temporary travel authorization. You would not be able to travel or extend your TN.

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

#375

Post by proberts »

namank wrote: post #366

Peter, you are a good attorney and your services are on point. But man you take forever to reply to emails. Our processing time changed while waiting for your response. Do you have plans to scale up your operation? Or maybe you can recommend other immigration lawyers? You can charge referral fees while you scale up your process.

I've recently merged my firm with Ogletree Deakins which has over 150 immigration attorneys and over 500 immigration paralegals and support staff so we're well-staffed now.

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

#376

Post by proberts »

sbassi wrote: post #320

Been in the US 4 years under L1, then changed status to E-2, so far 2 times, so that is almost 8 years working legally in the US. No path to citizenship and can't get out from US to my country without loosing status. Is there anything different I could do to improve my situation?

Is the E-2 through your own company or another company? And what's your country of citizenship?

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

#377

Post by proberts »

hexidectom wrote: post #369

I left my previous job and got another job then applied to transfer my H1B but the application / paperwork was sent after 60 days have passed since my last day of employment, while I'm still in the US. I got the approval email from USCIS and now waiting on official document in the mail. Does that mean I'm in the clear?

You will need to see whether USCIS approved the petition as an extension of status or not. You can't tell that from the email notification. But it's likely that it did because typically if it didn't, the company would have received a request for evidence on that issue first. Of course, you should speak with your employer's immigration attorney about this as well.

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

#378

Post by proberts »

askin4it wrote: post #334

When my legit wife and I went to the green card interview, the examiner decided she didn't like my attitude. I'm assuming that's what tied up the case for 7 years. I think they forced a redo of the application three times with all updated documents. Seemed punitive and capricious. Question: is our experience unique? Was it a mistake to hire a lawyer from the get go? We had friends who sailed through without an attorn…

Yes, very unique and outrageous. I'm sorry you had to go through that.

For everyone, when ridiculous things like that happen, some options are to involve your local Congressional office (often issues like this are resolved when a Congressional office makes an inquiry, particularly on local matters) or to involve the USCIS Ombudsman (which surprisingly often yields positive results).

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

#379

Post by proberts »

mynegation wrote: post #206

Canadian citizen, I got an offer from US company. Still need to check with their immigration folks, but should I push for TN-1 or H1B? Also worth mentioning that my spouse has L1A and I am eligible for employment authorization through that (but has not applied yet). What are the pros and cons of each approach?

The H-1B is subject to a lottery so that's not an option. The L-2 would give you unrestricted work authorization but would depend on your spouse maintaining her L-1 job. The TN is company-specific so you would be tied to the company. Given all this, my recommendation would be to get the L-2 (as a Canadian, this is super simple and fast) and then if for some reason your wife loses or wants to leave her job, switch to TN at that time.

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

#380

Post by proberts »

mindwork wrote: post #368

For a green card holder, with Russian girlfriend. If they get married and petition for family reunion, how long will it take her to get in US? Are there any routes to speed up this process?

Unfortunately, there's a backlog in that green card category right now so the process would take several years based on current backlogs and processing times. There's no way to speed up the process unless she is experiencing asylum-related issues. And other than her getting sponsored for a work visa herself, there really aren't any other options.
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