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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 proberts »

sidharthv wrote: post #99

Hi Peter, My wife is going to pursue her PhD in US in the coming months, and I'm working as part-time remote employee of a US startup, while owning a startup in India. What options do I have, which would allow me to visit her for 1-2 months, without affecting my work? I've heard B1/B2 holders being questioned during entry after they stayed for a month during previous trips. As I'm not working full time for the US com…

A B-1/B-2 visa would not allow you to work for the U.S. company while here or your Indian startup while here. It might seem like overkill but possibly get an O-1 through the U.S. company. There's no minimum amount of time that you must spend in the U.S.

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

#112

Post by bbconn »

Hi Peter,

I'm a pure mathematics PhD student (from SE Asia, studying in the US) graduating at the end of this year. I expect to work at the intersection of finance and tech.

I have heard that the standard for O1 visa is a bit lower these days. Do you know if ~5 publications with ~20 citations is enough to qualify for O1? This is low compared to CS people but is pretty respectable in pure math. If not what are my options beside H1B? Thanks!

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

#113

Post by botero »

the_wannabe wrote: post #107

I'm an Australian living in the US on an E3 visa. I would like to get a green card, but we never win the lottery to move to a H1B and start the process. My youngest daughter was born in the US, and so is a citizen. Is there any way to get a green card without having to win the H1B lottery?

I moved from e3 to green card. There is a no-travel period between petition and granting, but it’s possible

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

#114

Post by atq2119 »

proberts wrote: post #105
bozhark wrote: post #86

What would be the best manner to help a EU resident who works for a US co.? Green card? Visa? Remote? Any suggestions would be very helpful. Specifically regarding taxes of income.

I can't comment on taxes. Are you asking about the best way to work in the U.S.?

I'm maybe in a similar situation as OP so let me clarify what I would ask -- might be the same as them.

Citizen and resident of an EU (Schengen) country, de facto working for a US company, though the employment contract is a standard employment contract with the local (EU) entity.

Interested in moving to the US to become a permanent resident and eventual citizen, and I expect that the current company would be interested in sponsoring. What's the best path?

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

#115

Post by fillmore »

Hi Peter, thank you in advance for considering the question.

I'm a Canadian citizen, living in Canada. In the past I've considered moving to the US to work there.

I don't have a university degree. I attended university for ~3-4 years, did not complete my degree, and then enrolled in a 3-year college program which conferred an Ontario College Advanced Diploma. I've worked full-time as a software developer since then.

I think my expertise is comparable to my coworkers, many of whom have completed university degrees (albeit in a variety of disciplines, not specifically related to technology).

Could I move and work in the US under a TN visa? I'm concerned that, because I don't have a degree, I would not qualify. Though I do have specialized training (diploma + work experience).

Or am I looking at this backwards? i.e, if a US company were interested in hiring me, they would handle the visa requirements (I'm unsure if this would be TN or otherwise).

Thanks!

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

#116

Post by fl7305 »

thegginthesky wrote: post #88

Hey Peter, I'm a foreigner residing abroad with an american spouse of 10 years and we have kids holding American Passports. I'm currently working as a contractor for a company in the US, but I'm thinking of moving to the US and applying for the IR1 visa due to family reasons. I am the primary earner of the household. What are my limitations in this case? Can I keep the contract I'm currently in while the visa process…

A friend of mine did the "fiancee visa" in Europe at the local embassy there. It took something like 3-5 months to get the visa approved for travel to the US. Once there, he could start working immediately.

But this was a long time ago, I have no idea what the processing times are today? Are they listed online?

And above all, since his spouse did not work in the US, so they needed a US based citizen with "not bad" finances to sponsor him.

If you're an independent contractor based in a different country, it'll be fun times figuring out the taxes for the year that you move to the US. Both your old country and the US will want a cut.

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

#118

Post by sbolt »

SandPhoenix wrote: post #72

I work for a large tech company, and have applied for EB3 green card in May 2023 (11 months ago). My priority date has been current since Jan 1st 2024. However, I have not heard any updates about my application. Is there anything concrete I can do to speed up the process? I have read that reaching out to your congressperson/senator might help. Do you have any data on how successful this path is?

I am in a similar position with a priority date of June 2022 and have been current sin Jan 1. I would love to hear Peter's advice here. The endless checking of the application status is tough.
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