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

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191–200 of 253 posts

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

#191

Hi Peter, hopefully a simple one: if an employee on a valid L1A work visa had to resign, is there a grace period after the last working day of employment to wrap up affairs in the US, or would they be expected to leave on or before that date? Thanks in advance

There's a 60-day grace period.

Thanks for the quick reply, much appreciated - just to check, that grace period would have no effect on future applications / imply unlawful presence?

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

#192

If you can comment on London, UK... If I found a startup in London, how hard is it for Americans to come work for the company?

Unfortunately, I don't know UK immigration law.

Thanks.

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

#193

Earlier quoted context omitted.

I have a similar situation. So can you elaborate, please? > whether you are you working without authorization in the U.S. What is the proper definition of "working"? If I do stuff for my own business and my business has a revenue, what's wrong with that from a CBP perspective? Every time I cross the board I'm getting strong recommendations to get E2 or L1-A but they both have some limitations which I don't know how t…

Essentially, the definition is providing a service/benefit to an entity or person in the U.S. while in the U.S. and receiving something of value in return. So, broadly speaking, this appears to encompass what you describe. What exactly are you doing when you are in the U.S.?

To be more precise I'm a founder and CEO of the entity in the USA, and I'm do all the business only as an entity.

What do I do:

Usually, I have rounds of meetings with companies who are looking for the software development team in East European countries. Each deal takes 3-4 months to make and basically thats why I need to travel back and forth (there are might be some problems with a client in the USA or with engineers abroad)

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

#194

Earlier quoted context omitted.

Could you clarify what you mean by "equity as the form of compensation doesn't qualify"? Do you mean: - He/she would not be able to get a second TN because equity does not count, and they would require a cash compensation in order to qualify for a TN OR - Equity does not qualify as compensation, therefore the developer is not compensated, and therefore he/she does not _require_ a second TN in order to work with the i…

The former.

Does the cash compensation amount matter? E.g. can I pay them $1 while keeping the equity agreement etc?

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

#195

Earlier quoted context omitted.

There's a 60-day grace period.

Thanks for the quick reply, much appreciated - just to check, that grace period would have no effect on future applications / imply unlawful presence?

That's right, no impact.

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

#196

Earlier quoted context omitted.

Thank you sir! My uncle/aunt (us citizen) claim guardianship but that "status" end when I turn 18? I don't have any status since. Still have us citizen aunt/uncle but no immediate relative with status.

Then there doesn't appear to be anything that you can do right now unfortunately.

Thank you Peter for your time.

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

#198

Can I work from another country under a H1B1 visa? Example: I get the visa but then I work remotely from my country, or for example I renew it but I never go back to the US.

Without knowing all the facts, as a general matter yes but why would you since you don't need a work visa to work for a US company if you are working while outside the US?

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

#199
post #18

Hi Peter, thanks for doing this AMA! Do you have any insights on whether getting an L1-A got more difficult with the current administration, and if/how the kind of documents/evidence needed for it changed recently? I'm asking because I just got my L1-A renewal rejected (after having it successfully renewed 2 years ago), on the grounds of insufficient proof of my position being managerial. My I-94 expired and I don't…

I had an L1-B extension request inside the US and they came back with a request for more information. Honestly it looked like they were about to refuse my visa extension. I told the immigration lawyers that I'd be back in London over Christmas and they changed their tune. Applying through London, albeit with an L1 company blanket doc, took all of 30 minutes starting with review of the application and finishing with a…

The issue is really only with L-1 petitions filed with USCIS not with blanket L-1 visa applications filed with Consulates.
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