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

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

#101

Post by yandie » Fri, Apr 12, 2024, 6:11 PM UTC

shallichange wrote: post #78

Why does the EAD/AP card exist? Let’s say one is on an L1 visa waiting for the GC. Why does the US even bother to issue the EAD?

If your L1 runs out before the GC is approved, you are allowed to stay in the US.

Without the EAD, you will NOT be able to work until the GC is approved.

Why is it not automatic? I assume USCIS doesn't want people to just get work authorization by filing frivolous i485 applications

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

#102

Post by mska » Fri, Apr 12, 2024, 6:11 PM UTC

Hi Peter,

For F1 students, is it permissible to use the 3-year OPT period to operate a self-owned LLC?

Can one be employed by another company while managing their own LLC during this period?

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

#103

Post by proberts » Fri, Apr 12, 2024, 6:12 PM UTC

johnsanders wrote: post #81

Hey Peter.. many thanks! My husband is from Gibraltar and his spousal green card application has cleared USCIS and is with NVS. Gibraltar has changed the name of the criminal record document it issues but NVS has not updated its system. So they keep rejecting his documents even though we included a letter from the police commissioner explaining the situation. Any suggestions?

Call or email the NVC (there's an email address for questions) and if that doesn't work, get your Congressional representative involved (something that is done all the time and probably would be helpful here).

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

#104

Post by proberts » Fri, Apr 12, 2024, 6:16 PM UTC

frozenbird wrote: post #87

Hey Peter, appreciate the offer! What advice would you give to a talented teenager who is looking to get to the U.S. under a B1/B2 visa for a short period (under 3 months) to engage as a volunteer in activities for a non-profit in the US (the organisation covers living expenses for the duration of their stay) and has failed a few times to get a visa approved? what would you advise them to do? Is the visa type incorre…

Broadly speaking, a B-1/B-2 would appear to be appropriate but U.S. Consulates oftentimes deny applications for such a visa even if it is the appropriate visa for other reasons (such as concerns about the applicant remaining in the U.S. or working without authorization) and the U.S. Consulates have a lot of discretion to deny such applications. You might want to look at the J-1 or even the H-2B or H-3 visa.

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

#105

Post by proberts » Fri, Apr 12, 2024, 6:17 PM UTC

bozhark wrote: post #86

What would be the best manner to help a EU resident who works for a US co.? Green card? Visa? Remote? Any suggestions would be very helpful. Specifically regarding taxes of income.

I can't comment on taxes. Are you asking about the best way to work in the U.S.?

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

#106

Post by proberts » Fri, Apr 12, 2024, 6:18 PM UTC

mamamis wrote: post #70

If I am a Canadian citizen but I don’t have a computer science degree, is my only option to get H1-B? And can I remotely work for a US company from Canada, given they don’t have a Canadian office, and I would be paid to a US bank account. Would I still need a visa in this case?

Question 1: No, there are a few TN occupations that don't require a degree and the O-1 doesn't require a degree. Question 2: No, you would not need a visa; U.S. immigration doesn't reach beyond the borders of the U.S.

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

#107

Post by the_wannabe » Fri, Apr 12, 2024, 6:19 PM UTC

I'm an Australian living in the US on an E3 visa. I would like to get a green card, but we never win the lottery to move to a H1B and start the process. My youngest daughter was born in the US, and so is a citizen. Is there any way to get a green card without having to win the H1B lottery?

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

#108

Post by proberts » Fri, Apr 12, 2024, 6:21 PM UTC

shubhe25p wrote: post #71

Hello Peter, I am on F1 visa in US, working at Berkeley National Lab(DOE funded) as an intern for almost a year, I have received an offer to join them full time. Which visa should I consider: H1B or EB1/2 or O1?

The EB1/EB2 refers to a green card so that is probably not a good option because it takes too long. Between the H-1B and the O-1; they each have their relative benefits: the H-1B would allow you to travel without interruption during the green card process and the O-1 is effectively easily transferrable to another employer (while the cap exempt H-1B is not).

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

#109

Post by proberts » Fri, Apr 12, 2024, 6:22 PM UTC

the_wannabe wrote: post #107

I'm an Australian living in the US on an E3 visa. I would like to get a green card, but we never win the lottery to move to a H1B and start the process. My youngest daughter was born in the US, and so is a citizen. Is there any way to get a green card without having to win the H1B lottery?

Yes. You can be in E-3 status and pursue a green card; it just means that your international travel might be limited during the process.

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

#110

Post by shrubble » Fri, Apr 12, 2024, 6:24 PM UTC

I am actually curious if you see any indication of people leaving/emigrating from the USA? Either serial entrepreneurs who have already had some success or those who feel there are sufficient opportunities with less hassle elsewhere.