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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

#161

Post by mdeligoz »

proberts wrote: post #147
mdeligoz wrote: post #141

Hey Peter, We're a company based out of Turkey but have also incorporated in the US with a single US employee making ~700K/ARR as of last year. We're thinking of getting an L1-A to move some of our staff and myself to the US. Do you think we would be eligible for L1-A as of yet?

Yes, it's possible, but you'll likely have a fight on your hands with USCIS because of the newness and size of the U.S. company. But I would still fight the fight if this is something that you want to do to grow the business.

That's the whole idea. Thanks.

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

#162

Post by proberts »

lars_thomas wrote: post #125

Hi! I just recently moved back from US where I worked with an O-1 VISA. Since I’ve already been once classified eligible for O-1 does that offer any shortcuts for getting another O-1 with potentially a different employer?

Generally, yes - it's easier to get the second O-1 visa.

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

#164

Post by gnopgnip »

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!

Depending on what she does for work she could come to the US immediately on a TN visa. If she does a fiance visa or a marriage visa it will take 6-12 months before getting work authorization.

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

#165

Post by proberts »

mdeligoz wrote: post #161
proberts wrote: post #147

Earlier quoted context omitted.

Yes, it's possible, but you'll likely have a fight on your hands with USCIS because of the newness and size of the U.S. company. But I would still fight the fight if this is something that you want to do to grow the business.

That's the whole idea. Thanks.

An E-2 also might be an option if the U.S. company is majority Turkish owned. We've done this for a number of Turkish entrepreneurs/companies.

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

#166

Post by benhalllondon »

1) Thanks again for doing these threads, so helpful in a sea of so much uncertainty.

2) I’m currently on a O1 (that you actually helped get), do you know if in post-Trump era re-petitioning to change employers (or extending at the same employer) has got much stricter?

3) As I understand it, O1 can’t lead tho a green card, if I’m interested in that is there anything else I can do currently?

Thanks again so much!

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

#168

Post by whoisjuan »

proberts wrote: post #119
whoisjuan wrote: post #114

Earlier quoted context omitted.

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.

Yes. Remaining with my sponsoring employer. Thanks for the clarification.

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

#169

Post by proberts »

adamnemecek wrote: post #28

I just wanted to say that you guys should look into the green card lottery. The odds are slim (2%) but hey, fortune might be in your favor. Not all countries are eligible tho.

Excellent point and something I sometimes forget to mention. We have a lot of clients who've obtained a green card this way.

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

#170

Post by proberts »

afsana wrote: post #140
proberts wrote: post #116

Earlier quoted context omitted.

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.

Thanks again. My previous/original H-1B visa is still valid (expires in 2019), and as an Australian citizen, previously I could travel to US with ESTA for less than 90 days. While being on "Administrative Processing", am I completely barred from entering US with the previous H-1B visa, or with ESTA until a decision is made? If H-1B is denied for some reason, how would it impact my ability to travel to US in the futur…

No, you are not barred but we should talk because the issue is a complicated one.
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