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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

#12

Post by proberts »

rafikicoln wrote: post #5

Hi Peter, thank you so much. My company is currently sponsoring me for an EB3. I have two questions. 1) We just submitted the application to get the prevailing wage from the Labor Dept. From your experience, how much time is there left in the process given the current administration? I am of a nationality that does not have a backlog for EB3 2) When can I switch jobs without having to start all over again? Thanks a l…

1) It's taking 4 months or so to get a PW determination from the DOL and then another 4 months or so to get a PERM approval (assuming no audit) from the DOL; and thereafter, it's a wide range, anywhere from 6 to 12 months to get the actual green card - but note that the processing times change all the time. 2) Although there are exceptions and nuances, a green card applicant is "portable" after the I-140 has been approved and the I-485 has been pending for 6 months.

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

#13

Post by iabacu »

My wife received a job offer from a start-up, however her i-765 application (c09 category) has been pending for over 8 months with no action.

We filed a service request back in April based on the case outside of processing time. NBC responded saying we'll receive an action notice within 60 days. It's been over 80 days now and no status change.

We filed an expedite request, then faxed the job offer. They are asking to wait until next week. We have contacted one of CA's senator office in parallel, but not response yet.

How likely do you think this will finally go through? And is there anything else we can do? Her job start date is 3 weeks from now.

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

#14

Post by proberts »

vemkiran wrote: post #11

Hi Peter, Thank you for doing this. While on H1b, 1. Can someone start/run a business? 2. How about a revenue-generating personal web/mobile side project while maintaining status with a full-time job?

There are exceptions and nuances but the short answer is no to both, not without separate work authorizations for these activities.

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

#16

Post by proberts »

iabacu wrote: post #13

My wife received a job offer from a start-up, however her i-765 application (c09 category) has been pending for over 8 months with no action. We filed a service request back in April based on the case outside of processing time. NBC responded saying we'll receive an action notice within 60 days. It's been over 80 days now and no status change. We filed an expedite request, then faxed the job offer. They are asking to…

You should contact your local Congressional office and ask for that office to make an inquiry - this is done all the time and oftentimes yields helpful information and results.

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

#19

Post by proberts »

keiferski wrote: post #15

If a founder is a dual-citizen of the US and a EU country, and anticipates having a HQ and/or major sales in both regions, where would you recommend incorporating initially?

That's really less of an immigration question and more a corporate and tax question. But if the company is incorporated abroad, it positions itself to transfer employees to the US over time.
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