What is the price for helping doing the Extend I-539 form?
I`m am visitor who having trouble getting back to my country, just need 2 or 3 months with my B1 B2 visa
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
141–150 of 479 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#142Are there any changes done for US immigration laws during COVID? How would it impact existing and future YC startups
All the changes really are limited to entry into/travel to the U.S. so if one is outside the U.S. or inside the U.S. and hoping to travel outside, the various travel bans and restrictions, etc. could impact one's ability to travel/return to the U.S. Those same bans and restrictions generally don't apply if one is in the U.S. And even with the bans and restrictions, many visas aren't subject, including the B-1/B-2, E-1, E-2, E-3, H-1B1, O-1, and TN.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#143Question about E-2 visa (investor visa)... If I create a US company from abroad and start making money, can that revenue in US bank account be counted as investment? Or should I transfer the money back home and then reinvest in US business?
What was your process of creating a US company from abroad?
What was your process of making money while you were abroad?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#144Earlier quoted context omitted.
There are no US immigration requirements to work remotely for a US company - that is, you don't need a visa or work authorization - but to work in the U.S, work authorization would be required and the J-1 won't be available again until January at the earliest.
A thought: are TN "visa's" still available at this time? I know in the past some people have used them for co-op, but unclear if that was really by the book as it's unclear if they meet the education requirements. edit: I really shouldn't have said "education requirement" - it's a job categorization, so education is only supporting evidence that your job meets the criteria.
Is it possible that those students were masters/PhD students? Then it’s possible that that would satisfy the TN requirements
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#145Can a "remote only" company file PERM for one of its employees?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#146What strategies are companies using to make sure employees can stay working through any sort of visa issues? Canadian incorporation? Other international offices?
For those with global operations, temporary assignment abroad is often a good solution. And sometimes, depending on the issue, another visa classification can be a solution, such as an O-1.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#147Mexican + Spanish national here. I dropped out off college to do my YC startup. I'm aware TN visas require a degree, but as far as I can see that's not the case with O-1. Even if it's technically not a requirement, would you say this will significantly affect my O-1 chances?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#148Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?
Stay put. It appears that you are subject to the latest proclamation/ban on the issuance of H-1B visas and further nearly all US Consulates are still closed and not processing visas except in very limited circumstances.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#149I'm a Canadian with no degree, is it possible at all to work inside the US for me? What about working for a US company remotely from here?
US immigration has no say over working remotely for a US company so that's fine. Also, depending on your qualifications and field, there are visa classifications that don't require a degree, such as an E-1, E-2, L-1, O-1, and certain TN occupations.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#150I've anecdotally heard that it's possible to go from a TN -> Green Card. Light googling is pretty mixed on the subject; one side takes the stance that it's strictly not possible and the other says it is, but a risk. Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?
Not a lawyer, but somebody who went through the greencard process.
The answer is yes. Same for E3 (for Australian).
The risk is once your company files I-140 petition (petition for immigrant workers), you might be denied entry if you leave the US. It's hard to prove your non-immigrant intent... So if you have less than a year on your i-94 it's risky (i-140 takes a while these days to process - mine took 1 year). It would take a few more months to get the EAD and advance parole document before you can travel internationally. So consider these factors as you will have to miss visiting Canada in the meantime.
My friend who was on E3 went through this and his i-94 was running out so he was told he might not be able to work while the application is still pending (the company did offer to continue paying him though, which was nice).
H1B lottery is safer, but the chances are low. If you have a committed employer + stable job then I'd go with the adjustment of status route.