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Hi Peter, thanks for doing these AMA. I was counted against the H1-B cap in 2017 and worked for about 3 months before I left the states. Would I be able to use the rest of my time now if I were to get a job in the states?
I’m a cofounder of a startup in the US. Two of us are here on green cards, but our third cofounder is based in Switzerland. He has a PhD from a top university, previously founded a company, and has raised over $30M in the past.
At what stage would it be possible for us to bring him to the US on a visa? Would it be:
- As soon as we incorporate a C Corp?
- After raising funding?
- Once we have revenue?
Are there any specific visa pathways (O-1, L-1, E-2, etc.) that would be most relevant for him, given his background?
Appreciate any guidance on this!
I'm curious about LLMs for the legal system that can reference the law and help to guide individuals on the process they need to navigate. How much of Immigration Law do you think can be navigated independently by people? Obviously, unauthorized practices of the law would be illegal *but if it was permissible*, how critical are lawyers in Immigration Law when people are cheap and want to DIY?
Earlier quoted context omitted.
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Peter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?
For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to…
What are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.
If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while…
If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel? Edit Additional Question - Some of us like myself, came to the U.…
I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.
Separately, I know many startup founders who have long-term software developers ("contractors", apparently...) in other countries like India, Brazil, etc. Paying them with whatever random popular money transfer service. It's common practice but is it legal or risky on the U.S. side?
Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship.
I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64".
I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age.
So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age.
How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?"
What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?)
Thanks