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

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261–270 of 486 posts

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

#261

I won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?

I don't have a list, unfortunately (and further I wouldn't be able to disclose names because of client confidentiality requirements).

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

#262

Earlier quoted context omitted.

Without knowing all the facts, the delay probably is simply the result in the backlog in that green card category. Is your spouse eligible to become a U.S. citizen because this could speed up the process for you. Again without knowing all the facts, regarding travel, you are fine to travel; just carry your passport, advance parole, and marriage certificate (in your back pocket).

He is eligible to become a citizen actually. What's the best way to move forward with a citizenship application?

It's super easy (the form is N-400 and instructions are on the USCIS website) and doesn't require the assistance of an attorney unless the applicant has a criminal record or has been outside the U.S. for extended periods of time while a green card holder (that is, more than 6 months at a stretch).

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

#263
post #254
post #239

Earlier quoted context omitted.

Brief reading of reddit posts by people who actually did this almost always included that the company's lawyers wrote them letters and prepared packets of materials for them to provide CBP. We don't have any lawyers. We're simply not employing people who don't have green cards. We don't have time or money to play games with the government. One important thing in seeking TN status is that the title of degree matters i…

I agree with you about the dishonesty of saying yes (as I replied in another comment). That said this is a choice you're making from what sounds like more religious reasons. Your company and your choice but it's not hard to employ TNs in a startup (and I know because I had TN status with two startups so I'm a little ahead of "brief reading of reddit posts"). TN status can also be applied for in advance by the way, do…

While I was only speaking in hypotheticals about companies that only want to hire people who have legal status (no one has asked us to help them get TN status), I'd rather do zero paperwork by hiring people with existing status, than (allegedly) "not hard" work to support TN hopefuls, especially given the US government is liable these days to randomly change things around and cause chaos - especially in areas likely to score political points like immigration. POTUS could declare tomorrow that every TN (in a certain industry? state? whatever) has to go home in 10 days.

My attitude would certainly change though, if/when we can't find skilled people with existing work authorization, or if I had an incredibly strong personal referral.

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

#264

What do you think about Nexus... Do you think Nexus holders enjoy the best of both worlds, less hassle at the border, 2 citizenships for 1 type of thing (but not really) as long as you don't have criminal charges?

Yes, I think that Nexus is great.

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

#265

Hi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I'm trying to understand whether I should wait for a proper green card before going down the startu…

Yes, there could be a way to get an H-1B through your own company; the rules around this have relaxed recently.

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

#266

Thanks for doing an AMA! Should folks on H1B visas who have an ongoing green card application via PERM be concerned at all? Would you advise not traveling until the i-495 is filed?

No, they still should travel. But they should consult with their company's immigration lawyer regarding the documents they should carry when they travel.

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

#268
post #10

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

Well yeah, it's because canadian "founders" have a ripe reputation of working in the U.S. while on visitor visas...

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

#269

Hello, I'm currently on an H1B waiting on my priority date (I'm Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year. Should she switch to H4 EAD under my H1B instead of renewing her TN?

She has not filed a green card application so she probably won't have an issue renewing her TN but if CBP or USCIS connects her to you, questions might be raised about her intent which could undermine her ability to renew her TN. So, yes, an H-4 EAD would be safer (unless the current administration kills this benefit).

We are married so are there steps we can take to decrease the chance of them "connect" her to me? Should we avoid crossing the border together?

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

#270
post #223

Earlier quoted context omitted.

The question is usually understood to mean "on an ongoing basis" and it's essentially lying. The system may not be correct or kind, but I'd have a lot of trouble trusting someone whose response to "the system isn't fair" is "I'll lie to get around it and achieve the outcome I believe is right" enough to hire him.

I could see that, but given that jobs are all at-will it's hard to argue the employer would have any damages for a contract that can be terminated with literally zero notice.

Most employment is at will, but salaried employees usually have specified severance in case of termination for convenience. Misrepresenting qualifications does in fact create a case for damages unless the employee is literally perfect. But civil aside, and ethics aside, it is fraud and could conceivably be prosecuted accordingly.
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