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

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381–390 of 409 posts

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

#381

Heard from someone you could get h1b via certifications (like AWS) without a need for a college degree, is that right?

Generally, that's not true. Evaluations must be based on work experience and terminal degree education as opposed to certifications.

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

#382
post #81

I’m from India, planning to move to US on L1 as an IC. I want to get green card in 3-5 years or get out of the country. If I get green card, I want to look at bringing my parents permanently to US. As someone without any research papers, any significant industry presence, how difficult will it be to get an EB1 green card if I start chipping at requirements now? How doable is getting parents within next 5-7 years?

Unless employees in your company are reporting to you in India, your hopes of getting into an EB1 category is close to zero. You need to prove that you've managed EMPLOYEES of your company in multiple countries other than the US.

Correct. Unless you are super senior within an organization, you must be managing employees now and managing employees in the U.S. to have a chance at an EB1C green card.

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

#383

If you’re not a US citizen but you’re traveling in the US and you own a US company and you occasionally do a couple hours of work for customers (emails, , but mostly sales are automatic) do you really need to get immigration work permit paperwork like an E3 or something to legally be doing that or is it OK?

It depends on exactly what you do when here but if it's work, then yes, strictly speaking, you need work authorization. (Years ago, this wasn't true and one could travel to the U.S. as a business visitor to conduct business on a limited basis if employed by an entity abroad.) The problem is that such a work visa (the E-3, for example) requires a company in the U.S. to act as the petitioner/employer.

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

#384

Hello Peter, thank you for the AMA. I am an Indian undergrad from a top uni, I plan to do a startup after graduating/maybe a year of work experience (I am currently working on it as a side project). What do you think are my options for getting a VISA quickly considering I do not plan to be employed for long and am unlikely to get in via O1 or E2.

The easiest option is just to use your OPT to run and build your business after you graduate and then move to O-1 or rely on STEM OPT to continue to run your company or work for another.

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

#385

(Late to the party, but I'm dropping this note in a bottle.) You should meet Rajat Kuver. He taught and has a private practice now for complex family and work-related immigration cases in the SF Bay Area. Also a cool, decent guy. https://www.kuver.com

Was that directed to me or the larger HN community because I'm always looking for good attorneys to refer work to?

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

#386
post #263

Hey Peter, thank you so much for doing this! I'm currently a F-1 student in Michigan doing CS major undergrad. In Jan, I had a DUI case with BOC: 0.09, and I just started with the whole court thing. Since I don't have a result yet, will a bad record lead to an eviction of the country or will it lead to a hard time later if I ever want to apply for green card / H1B in the future?

Almost certainly a single incident such as this will have no impact on your current status, the renewal process, or a green card application. This will depend in part on the maximum penalty for the offense and the penalty actually received. But really, I wouldn't worry although you should consult with an immigration attorney on this or have your defense attorney consult with an immigration attorney.

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

#387

Hi I am a ML researcher (with a couple papers) in Canada (intl student from India), in senior year of undergrad. What are my chances of O-1? It's supposed to be for extraordinary people which, by definition, can be a very high bar to clear. So I was wondering if there is any point working towards it or just go with L1B or something? Any information would be appreciated. Thanks

The O-1 standard, while high, is often a viable option and it might be here. The O-1 can support employment with another company (acting as the sponsor) or even with your own company (acting as the sponsor). Many founders are on O-1s.

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

#388

What is a good way for someone with Canadian Citizenship but Indian born to move back to US? I did my MS in US and then moved to Canada on PR after failing to get H1B after 3 attempts. I don't work for FANG and work for mid sized Canadian company, so moving through my company is difficult. I would love to move back to US because of more employment opportunities than Canada.

TN visa

That's it. The TN is a good option but it does require a job offer from/sponsorship by a U.S. company.

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

#389

Earlier quoted context omitted.

If the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.

Is a reentry permit a document that can be obtained by filing the I-131 form, or how can one obtain such a permit? Could you spell out what "2 years at a stretch and generally up to 5 total without issue" means for non-native speakers?

That's right, the application is submitted using Form I-131. At a stretch here means a 2 year absence from the U.S. (without traveling back to the U.S.) and 5 year total means you could live abroad for 5 years without losing your green card (by getting reentry permits which can be issued for a total of 5 years).

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

#390

Earlier quoted context omitted.

If the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.

I have a GC and left a few months ago to Canada. Is it too late to get a reentry permit? I don't know if I want to return but having the option for 5 years would be nice. ty!

You can only apply for a reentry permit while in the U.S. so if you wanted to get one, you would need to return to the U.S. and apply and then wait to be fingerprinted or depart and return to be fingerprinted. You then can remain outside while your reentry permit application is pending.
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