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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

#151

Earlier quoted context omitted.

Your H1B is your work authorization. You can keep your place in the green card line if you switch after your i140 is approved. If yo switch before that you apply for PERM and i140 again.

Just to be clear, if you switch after your I-140 is approved but before your I-485 is filed, you will keep your priority date and your place in line but a new PERM will need to be filed.

Yes true.

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

#152

Earlier quoted context omitted.

Yes, he's hired an attorney and I think that might be done. He had this pledge of allegiance ceremony in October 2018, so most probably the USCIS knows as well. I ask him to ask the attorney if any changes needs to be done to my application after he became a US citizen. The attorney replied no. PS - I am born and brought up in India. 30 years of age. Never been to US. Postponed my marriage plans since father said I w…

I still would have your attorney make sure that USCIS knows that you are now being sponsored as the son of a US citizen.

Thanks for pointing this out, Peter.

I am going to spur my father and the attorney into action next week.

But I am still interested to hear your estimate.

GC filed when father was GC holder -> Nov 2017

Father becomes naturalized US citizen -> October 2018

Approximately when would I get my Green Card, do you think?

Also, can you picture any political scenario affecting my GC, either for worse or for better?

Thanks a lot. Appreciate this.

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

#153
post #24

Is there any country you think is doing a better job than the US in terms of skilled migration policy? edit: typo

Canada has a new program since last year which can get a tech worker in in a matter of weeks: https://www.canada.ca/en/employment-social-development/campa...

In general, imagine the opposite of US: you have a system where you can apply online for your permanent residence, without the need of a lawyer (I didn't use one), the time to finalize is 6 months to 1 year and during all the process you have a good idea of how long every step is going to take. And a score system where the more skilled you are the faster you get in.

All documentation is put online by the government in very clear writing.

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

#154

As a green card holder, I’d like to live and work abroad for several years, then return to the US. Is this feasible and how strictly enforced are the re-entry permit requirements in practice?

Yes, definitely and reentry permits are easy to prepare and generally issued without issue. You just need to be physically present in the U.S. when you file and again when you renew (if you renew) and also you need to get fingerprinted in the U.S. after you file (usually within a few weeks of filing).

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

#155

Earlier quoted context omitted.

Yes, he's hired an attorney and I think that might be done. He had this pledge of allegiance ceremony in October 2018, so most probably the USCIS knows as well. I ask him to ask the attorney if any changes needs to be done to my application after he became a US citizen. The attorney replied no. PS - I am born and brought up in India. 30 years of age. Never been to US. Postponed my marriage plans since father said I w…

I still would have your attorney make sure that USCIS knows that you are now being sponsored as the son of a US citizen.

WhatsApped father if USCIS knows he's a US citizen. He replied 5 min ago - "USCIS gave me citizenship and one of their officers gave me oath."(sic)

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

#156
Hey Peter,

I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me.

Developer is a citizen of Mexico and currently works for FANG company in Washington State on TN Visa.

What would be the most ideal approach to having this person work with me on the startup project (equity-only 1099 contractor)?

I have learned that one can get a 2nd TN Visa, but we're unsure if the primary employer would be notified? Since it's on nights/weekends, it shouldn't be employer #1's business, but at the same time I don't want this person to risk their immigration status.

Additionally I'm unsure how a 1099 for a c-corp, equity compensation only, qualifies?

Would it be easier to just work in quiet for the time being until working on the project full-time is a reality?

Thanks!

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

#157
Hi, Peter.

- is it possible to get a work permit (and what kind of visa) for a non-graduate person, but with a 20 years of experience? (IT)

- if it is, what kind of confirmations should i provide along with my application?

- as far as i know, even if i get a visa, i couldn't get a green card without at least a masters degree. Is it right?

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

#158

Earlier quoted context omitted.

When did you initially enter the U.S. and in what status?

Have maintain physical presence since ~1990. There are no record of my crossing to the best of my knowledge. It's cathartic to just write it out...

Do you have family in the U.S.? What's their immigration status?

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

#159

What should founders of VC-funded startups with no previous exposure to the immigration system know about sponsorships and associated costs while hiring?

First, make sure to ask the right questions during the hiring process so that you know, without crossing any discrimination lines, whether a candidate requires "sponsorship" and second, establish a relationship with an immigration attorney so that you can bring good candidates to his or her attention to determine whether sponsorship is possible and worthwhile.

Is it generally ok to ask if a person has work rights in the USA?

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

#160
post #156

Hey Peter, I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me. Developer is a citizen of Mexico and currently works for FANG company in Washington State on TN Visa. What would be the most ideal approach to having this person work with me on the startup project (equity-only 1099 contractor)? I have learned that one can get a 2nd TN Visa, but we're unsure if the prim…

His or her current employer wouldn't be notified but equity as the form of compensation doesn't qualify.
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