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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

#112
post #77

Should my wife and I get an attorney? She has been waiting almost 15 months for GC, marriage-based. We sent in everything all at once, work permit/travel/adjustment of status. We're thinking about even mailing Katy Porter. She's from Canada, we provided plenty of proof, we did everything right and still nothing! She's desperate to just start working..as it is right now she's pretty bored just playing video games at h…

You should see if you can put in a request with USCIS (called a Service Request) and also contact your local federal Representative and ask this person to make an inquiry with USCIS (something that is not a big ask and is done all the time and sometimes seems to make a big difference).

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

#113

Hi Peter, the new AI executive order mentioned easier immigration for ML/AI professionals. Does this or will it actually make immigration easier for ML/AI professionals?

I really do think so but time will tell.

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

#114

Hey Peter. Can a person whose H1B visa was approved after they left the country with employer A, transfer it to employer B assuming the visa holder hasn't entered the US yet an hasn't "activated" the visa?

Surprisingly, yes, this usually works - jsut not always.

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

#115

Hey Peter. Can a person whose H1B visa was approved after they left the country with employer A, transfer it to employer B assuming the visa holder hasn't entered the US yet an hasn't "activated" the visa?

Surprisingly, yes, this usually works - jsut not always.

just

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

#116

Hi Peter, I'm a software engineer and have the opportunity to relocate to the US from Europe with a company transfer visa (been working for a US company for more than a year). Supposing I get laid off once I'm there, what are the options to stay in the US? generally speaking, how long would it take to get a green card?

If you lose your job or quit, you would get a 60-day "grace period" after the end of your employment to stay in the U.S. and remain in valid L-1 status. During this 60-day period, you would need to do something, that is, get sponsored by another company (maybe for an O-1 visa) or file something yourself, such as an application to change your status to visitor status. Unfortunately, the L-1 isn't transferrable to another unrelated company.

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

#117

Hi Peter, I'm a software engineer and have the opportunity to relocate to the US from Europe with a company transfer visa (been working for a US company for more than a year). Supposing I get laid off once I'm there, what are the options to stay in the US? generally speaking, how long would it take to get a green card?

If you lose your job or quit, you would get a 60-day "grace period" after the end of your employment to stay in the U.S. and remain in valid L-1 status. During this 60-day period, you would need to do something, that is, get sponsored by another company (maybe for an O-1 visa) or file something yourself, such as an application to change your status to visitor status. Unfortunately, the L-1 isn't transferrable to anot…

Or leave the U.S. if you do neither.

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

#118

Hi, what options are there for someone with dual UK / Europe (Germany) citizenship to come to the US to work (either as an employee, or to start a business) - and how long much security in staying if the job / startup doesn't work out? How costly would it be for either the individual, or the sponsoring company? Thanks!

There are lots of options depending on a variety factors, including this person's achievements and qualifications, the amount invested in the U.S. company, etc., such as the E-1, E-2, H-1B, and O-1 visa.

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

#120

Earlier quoted context omitted.

While physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in another country. The default options, depending on the individual's country of citizenship (excluding those from Australia, Canada, Chile, Mexico, and Singapore, who have their own work visa…

An interesting exercise for the reader is to look up I-9 authorization, or lack thereof, checks for 1099 workers.

This is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks.

Thanks!

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