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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

#111

Post by deanmoriarty »

Hi, first of all thank you for your time.

I have been a green card holder for a bit more than 5 years now, and would like to move forward with the naturalization process.

For better growth opportunities, I changed employer soon after my green card was obtained (about 2 months after). I have stayed with my former employer (big enterprise which sponsored my H1B and then GC petition) for 3+ years, and with my current one (the small startup I moved to after the GC) for 5+ years, always working in the same field and performing similar software engineering duties.

Besides that, clean record (just a couple minor traffic tickets).

My question for you is: do you think it would be wise for me to move forward with this and start the N400 process, or do I risk opening a can of worms which could backfire on me and in the worst case having my green card revoked because of alleged fraud, especially considering the new administration?

Thanks

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

#112

Post by proberts »

Spoom wrote: post #98
rootedbox wrote: post #80

I'm a U.S. citizen. My girlfriend is a Canadian citizen, and lives in Canada. If we got married how quickly could she start working in the US? Thanks!

Hi, I'm not an immigration attorney but I am a Canadian citizen who moved to the US to marry my wife. I would suggest looking into the K-1 visa if you are sure that you want to go this route. Don't get married in the meantime; the K-1 is a fiance(e) visa that allows you to move to the US, get married within three months of entry, and then immediately adjust status to permanent resident. This avoids the appearance tha…

All good responses. The problem with the K-1 is that even though it was designed in part to be quicker, it's oftentimes just as slow as a marriage-based green card.

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

#113

Post by IDTheft »

garyfirestorm wrote: post #23

What would you recommend to an H1B holder in terms of next steps? Applying for green card through employment(EB2) would take really long (Indian nationality). Does pursuing PhD improve the chances any better (EB1?)

The shorter and an easier route is to get transferred as a manager. If you are from India, join an Indian company which has a US office or US HQed company based in India (or any other country, maybe Canada), get promoted to manager and transfer to US on EB1C. There are certain restrictions, you have to be outside US for atleast a year and some other restrictions. But, this is the shortest route. Do not be like me and wait in the queue for 15 years. Use the shortest legal means possible.

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

#114

Post by whoisjuan »

proberts wrote: post #94
whoisjuan wrote: post #90

Hey Peter. I've been researching this question online a lot and always see conflicting answers. Can you start a side project or job (e.g., a website generating revenue or teaching classes after work) if you're on H1-B but already got an EAD card while waiting for a green card? I see many people online saying that would invalidate your H1-B and many other people saying it's ok because your H1-B and EAD card are indepe…

Yes, once you have an EAD as part of a green card application, you can do anything - but just make sure that this work is consistent/isn't inconsistent with the basis of your green card application. What's the basis, if I may ask?

My Green Card application is a (EB3-> User Experience Designer) and I have an unmonetized website with a good amount of traffic. I want to monetize (getting Ads income, potentially setting a content subscription) it without jeopardizing my H1-B.

Is this consistent?

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

#116

Post by proberts »

afsana wrote: post #109
proberts wrote: post #87

Earlier quoted context omitted.

I suspect that your field of expertise is one that has triggered the additional review by the Consulate. There's little that can be done when this is the basis for administrative processing. You could contact your local Congressional office and ask it make an inquiry but unless your application fell through the cracks, this usually doesn't change anything. What's your field of expertise, if I may ask?

Thanks. My masters and PhD are in Electrical and Communication Systems Engineering (EE; TeleComm). My initial H-1B in Dec 2016 was granted without any hiccups, but it seems that the transfer is about to take ages. Also, I didn't receive any 221(g) slip after the interview. In fact, the visa interview officer was quick to add that my visa was granted, and I was asked to make the visa issuance fee at the consulate (whi…

Bottom of the pile or sitting on the desk of an officer on leave. It's impossible to say how long but 3 months is a long time already.

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

#117

Post by mpio »

proberts wrote: post #78
mpio wrote: post #72

Do you think it is possible to receive L-1A after working one year on a US branch incorporated while on F1 OPT? I've a start up incorporated on UK. If I open a US branch under F1 OPT status and work it for 1 year on this branch, my application for L-1A can succeed? As USCIS states: "Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qua…

Yes, it's possible. Your F-1 status is really irrelevant to the analysis.

Thank you!

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

#118

Post by proberts »

deanmoriarty wrote: post #111

Hi, first of all thank you for your time. I have been a green card holder for a bit more than 5 years now, and would like to move forward with the naturalization process. For better growth opportunities, I changed employer soon after my green card was obtained (about 2 months after). I have stayed with my former employer (big enterprise which sponsored my H1B and then GC petition) for 3+ years, and with my current on…

Move forward. You shouldn't have any issues whatsoever (based on the facts that you provided).

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

#119

Post by proberts »

whoisjuan wrote: post #114
proberts wrote: post #94

Earlier quoted context omitted.

Yes, once you have an EAD as part of a green card application, you can do anything - but just make sure that this work is consistent/isn't inconsistent with the basis of your green card application. What's the basis, if I may ask?

My Green Card application is a (EB3-> User Experience Designer) and I have an unmonetized website with a good amount of traffic. I want to monetize (getting Ads income, potentially setting a content subscription) it without jeopardizing my H1-B. Is this consistent?

And you'll remain with the sponsoring employer? If so, then no issues.

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

#120

Post by proberts »

MyHypatia wrote: post #110

Hi Peter, A friend of mine is a US citizen from Iran. His father is receiving medical treatment in the US for a very serious condition. His mother wants to visit to be with her husband, but has been unable to get a visa due to the Travel Ban. How can we petition for a waiver? We have contacted congressional representatives, so far no answers. Worried that his mom may not have the opportunity to see her husband if his…

So she applied for a visa and wasn't granted a waiver?
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