Hi Peter, thanks for the kind AMA!
Is it possible to ask my employer to sponsor greencard (probably EB2) for me while I'm on TN?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
201–210 of 253 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#202Hi Peter,
Thanks for doing this!
During my second to last semester of undergrad, I unknowingly violated my F1 status. After graduation, I applied for my post-completion OPT. My school then found out about my violation and terminated my SEVIS record. They said I can work with an attorney and complete the I-765 form while my SEVIS record is terminated. I want to know if it’s possible to get my EAD card if I do this?
Thank you
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#203Hi Peter, thanks for the kind AMA! Is it possible to ask my employer to sponsor greencard (probably EB2) for me while I'm on TN?
This is possible only if you're reasonably certain that you'll be able to apply for AOS (I-485) AND get EAD before your TN expires. Otherwise, you'll run into issue renewing your TN as submission of I-140 proves that you have intent to remain in the US permanently.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#204Using a throwaway account. I am in the US on an L-1B visa and have applied for a green card through my spouse (GC holder). I have adjusted status and am waiting to receive my EAD and AP. Our local field office is super slow and we're easily looking at a one or two year wait. Here are my questions:
1. Once I have my EAD, is it reasonably safe to change jobs (and thus lose my L1 visa)? I understand nothing is guaranteed but I do wish to explore other career options.
2) Is it ok to apply for jobs while waiting for the EAD and if yes, what should I say to the question "Are you authorized to work in the US?"
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#205Hello Peter,
I am a DACA recipient working in tech for 4 years now. I was wondering what is the best route for citizenship.
Also, due to my status will I have any issues trying to start a business?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#206Earlier 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.
Awesome, thank you.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#207Hey 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…
>Since it's on nights/weekends, it shouldn't be employer #1's business
I agree that it shouldn't be their business, but I would be careful with making a broad assumption like that. That applies to everyone regardless of their immigration/citizenship status.
As discussed in another thread yesterday [0], at least one of the FANG companies (Google) owns all the code you write while employed by them, even if it is written completely on your own time using your own resources and doesn't bring any revenue. It's a bit more complex than that, but, that's the gist.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#208Hi Peter, thanks for the kind AMA! Is it possible to ask my employer to sponsor greencard (probably EB2) for me while I'm on TN?
This is possible only if you're reasonably certain that you'll be able to apply for AOS (I-485) AND get EAD before your TN expires. Otherwise, you'll run into issue renewing your TN as submission of I-140 proves that you have intent to remain in the US permanently.
Ah great thank you!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#209Hi, Peter - thank you for doing this! I'm one of the lucky ones - my I-485 was approved for LPR on the last week of July (EB2, RoW). I've got the I-797 to prove it! :-) The funny thing is that I'm STILL waiting for the actual green card - USCIS has been adamant that "60-120 days between approval and card issuance". I've been told twice, on the phone, that under no circumstances will they even allow me to schedule an…
That's not normal. I would reach out to your local Congressional office and ask it to make an inquiry. This is done all the time.
Congressional inquiry sent - thank you!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#210I am an American citizen. My co-founder is German. What do the steps look like to get him eligible to work out of the US (say, if we're accepted to YC) and how does the company need to be structured to make it as easy as possible?
Thanks in advance!