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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

#53

Post by lbrito »

I've had a B1/B2 for almost 10 years and went to the US many times for conferences, interviews and company get-togethers. I've never had issues at the airport. I might have to travel again for another company meetup. I'm hesitant to do so out of fear of being imprisoned in a random concentration camp with no explanation. What are the chances of that nightmare scenario happening and have you dealt with clients in that situation?

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

#57

Post by proberts »

garbawarb wrote: post #44

There's some information online that says if you get an employment-based green card, you must stay at your employer for 6 months after receiving it or else it will cause problems in the future. And others say there's no such rule. Can you clarify if there's any restriction like that and where it comes from?

There's no such rule. The requirement is that the green card applicant must have the intent to work for the sponsoring employer and the sponsoring employer must have the intent to employ the sponsored employee after the employee becomes a green card holder but this isn't inconsistent with finding a great job after getting a green card. This concern typically arises when a green card holder applies to become a citizen but I've never seen this actually be an issue. The concern is even less now with green card portability, which allows green card applicants to change jobs before they receive their green card without jeopardizing their green card applications. The short answer is that it's fine to change jobs soon after getting a green card but still I'd recommend having a quick consultation with an immigration beforehand.

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

#58

Post by bedobi »

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b.

Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP)

Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds it's very thorough, like 400 pages, but yeah, in all generality)

Thank you Peter!

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

#59

Post by proberts »

moffers wrote: post #51

Maybe a little broad. I have co-founders who are interested in emigrating to the USA, hoping our company could be a boon to the process. Is it?

There still are multiple visa options for founders (E-1. E-2, L-1, and O-1) and additional options if they are from certain countries (E-3, H-1B1, and TN) so they should consult with an immigration to determine the best path forward.
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