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

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251–260 of 341 posts

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

#251

Peter, thanks for doing this. For someone with I-140 approved and now waiting for the priority date to become current for a long time due to the GC backlog, how does relocating outside the US affect the validity of I-140 approval? Or in other words, is it possible to quit the sponsoring employer, work in the home country till the priority date is current, and then restart the GC process using the last I-140's priorit…

Peter? Thanks.

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

#252

Dear Peter, A citizen of Central Europe (not in Visa Waiver List) who needs to travel regularly to USA to attend different workshops/conferences. Every year I have to apply for B1/B2 (because of Technology Alert List I guess) anew. 1) Is there a better visa option especially if my main employer is a big tech US company? (with EU-based local R&D office) 2) May a B1/B2 holder do work for a short period of time (a week…

1) Possibly get an O-1 through your main employer in the US. And this doesn't preclude you for working for other companies when you are outside the U.S. 2) No.

"Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor."

Peter, does this get Extraordinarity usually demonstrated through high salary and or patents or something else? What is the typical threshold there? Knowing this would help to convince my employer to invest in this process.

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

#253

Earlier quoted context omitted.

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.

Great. We'll look into it and how do we reach you?

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

#254

From what you've seen, which TN visa categories have the highest approval rates and which have the lowest?

It's less the occupation and more certain traits/factors that cause problems, including being a founder or having an ownership interest or being in a managerial position. Also it's really tough to get TNs approved for those in business, marketing, or financial analysis positions.

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

#255

E-2 and acquisition What options are there for a startup founder in E-2 status (or on an E-2 visa) when the startup is acquired? Thanks a lot for doing this AMA!

We usually switch our E-2s who are losing their E-2 status to O-1s or green cards.

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

#256

Peter, thanks for doing this. For someone with I-140 approved and now waiting for the priority date to become current for a long time due to the GC backlog, how does relocating outside the US affect the validity of I-140 approval? Or in other words, is it possible to quit the sponsoring employer, work in the home country till the priority date is current, and then restart the GC process using the last I-140's priorit…

Yes to your last two questions. And regarding your first question, being outside in and of itself does not impact the validity of the approved I-140 but changing employers does.

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

#257

Earlier quoted context omitted.

It's incredibly frustrating of course. The only short-cut is via an EB1A green card or marriage to a USC, which are very limited options. That being said, we've helped many stuck in the backlog through the EB1A path.

or EB1C

If the individual has worked outside for a related company for at least one year in a managerial or executive capacity and is or will be working for the related US entity also in a managerial or executive capacity.

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

#259

Hi Peter. I am an international student from Vietnam and I am on F1 visa. I wonder if it is possible for the employer to apply for GC right when I first start at the company? If it is, is it possible to get GC without having to go through the H1B route, providing that I have 3 years on OPT total (1 normal OPT and 2 years on STEM OPT)? Thanks a lot.

Yes, there's no required waiting period before pursuing a GC and you can pursue a GC while in F-1 status.

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

#260

Hi there Peter, I'm a Canadian citizen currently residing in Canada. I would like to incorporate a US startup (Delaware C Corp I guess.) I don't have any familial ties to the US, but my business partner is a US citizen. What are my options for incorporation in the US? And what considerations should I be concerning myself with? I would have controlling ownership of the company ideally. Thanks for your time!

Not Peter obviously. You do not have to be a US citizen to start a corporation in the US, or to be the controlling shareholder. You can incorporate the business from outside the country. No need to have pre-existing ties to the US, and you don't even need a US business partner (could be helpful to have someone in the country however). You do not need a US address either, to form the corporation. If I'm not mistaken,…

Excellent response. Thanks.
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