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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

#271

Post by jfyne »

proberts wrote: post #249
amoorthy wrote: post #227

Earlier quoted context omitted.

I was granted an E2 visa (after showing $100k in actual expenses towards my company). Process is straight-forward and not too paper-intensive. Note that you cannot, however, apply for a green-card while on an E2. ps: Peter - thank you for doing this. Really kind of you.

Of course. But to correct, one can apply for a green card while in E-2 status.

I am on an E-2 right now and was under the impression it wasn't dual intent. What path can I take to apply for a green card? Thanks so much!

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

#272

Post by fortresskay »

proberts wrote: post #249
amoorthy wrote: post #227

Earlier quoted context omitted.

I was granted an E2 visa (after showing $100k in actual expenses towards my company). Process is straight-forward and not too paper-intensive. Note that you cannot, however, apply for a green-card while on an E2. ps: Peter - thank you for doing this. Really kind of you.

Of course. But to correct, one can apply for a green card while in E-2 status.

Thanks Peter for taking time to do this. I'm in the process of applying for E2 from the UK but really struggling with actually spending $100k on our start up 'wisely'. While we will burn through the funds at some point, we don't want to just spend it just for visa purposes. We reckon initial expenses will be about $20-30k and we were planning to put the balance in a US bank account. How do you suggest we go about proving investment for E2 visa purposes? I'm open to engaging your professional services if available.

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

#273

Post by rdednl »

proberts wrote: post #225
rdednl wrote: post #167

Hi Peter, thanks for doing this. I'm currently holding a J1 visa sponsored by University of California Berkeley ending in March. During several discussions for possible internships starting after the end of my J1 visa, I've been asked if I can enter an internship with my visa, through a renewal or whatever, or I need to get a new sponsorship and start the procedures again. Thanks.

Is this an academic J-1 or a non-academic J-1?

I don't know where I can find the answer to this question but I guess it's academic since I am a visiting research scholar here at UC Berkeley.

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

#274

Post by xocas__ »

Hi Peter! Thanks for doing this.

So I travel a lot to the US because my gf is from there but we currently live in Spain, I've always been employed by spanish companies but I have flexibility on where I can work from. Would it be possible for me to work while in the states for a spanish company for a short period of time? say 3 days out of a 2 week vacation. Also, would I be able to be on call while vacationing there?

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

#275

Post by usmanajmal »

Hi Peter, thanks for arranging Ask-Me-Anything.

I am working for a company A (which is owned by company B) on H1b while my Green Card process is at a stage where:

a. I have my EAD card in hand and I am waiting for interview and approval of I-485. b. I-140 is approved some weeks ago. c. Priority date is current due to small pools for my country.

Problem: --------- On my H1b and Green Card documents "employer" is mentioned as Company A but on Jan 1 our company is going through a re-organization where Company A (my current employer) will merge into Company B.

I expect call for interview for Green Card in January and then hopefully a Green Card in 3-4 weeks. In such a case:

1) What would you recommend to avoid issues with Green Card process as the interviewer may complain that my employer is now Company B whereas on my documents its mentioned as Company A. 2) Will I have to file for amendment to the already approved I-140? 3) Will there be any problem if I have to file the amendment before or after my interview or does it not matter?

Our company lawyers are claiming there will be no issue in any case but because of their misinformed information I had my Advance Parole denied (because I travelled to my country while the application was in process). Therefore, wanted to confirm from a better source. :)

Thanks.

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

#276

Post by godelmachine »

Hi Peter, Thanks a lot for this initiative :)

I am a 28 yr old Software Engineer working in India (Citizenship - India, unmarried). Have around 3 years of experience in IT. My father is a GC holder & he has filed a family based petition for me. My priority date is Nov 7, 2017. Actually, my father was going to wait till he was a naturalized US citizen & then file for my petition, but Trump's activities (cutting off legal legislation by 50%) alarmed him and he got in touch with his attorney over my case the very next day.

So, my question here is -

1) Should I go for Masters from USA? Will it help me in getting GC early? If yes, how early? (I am really keen on completing my Masters from USA, since I would like to be exposed to US way of education - mostly in Artifical Intelligence)

2) Will Trump do something that may deter the petition my father has filed for me? What are the chances, in your opinion?

3) I am going to initiate Canada PR process next year. Would Canada PR brighten my US immigration chances in any way imaginable?

4) I fared quite dismally (7 yrs for a 4 yr course) in my bachelor of engineering course, but final year marks are good and gradually got a job and am doing well now. Would Bachelor of Engineer academic grades hamper my US GCpetition in any way imaginable?

I really appreciate you answering so many questions here. Would be much obliged if you answer mine too.

Sincerely,

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

#277

Post by srinivasang87 »

proberts wrote: post #261
srinivasang87 wrote: post #257

Hi Peter, Thank you so much for doing this! I am on the H1 visa and my wife is relying on her H4 EAD for work. What are the options after H4 EAD is revoked (guessing sometime later next year for good)? Considering my green card is at least 6 years away, is moving out of the country the only choice for her to work? Thanks in advance and happy holidays, Srini

The only other options would be for her to get an H-1B or for you to apply for an EB1A green card. Do you think that you might qualify? Send me your CV if you'd like me to evaluate.

Thank you Peter!

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

#278

Post by Gerrymander »

analyst74 wrote: post #212
baseethrowaway wrote: post #52

Earlier quoted context omitted.

Statistics. Imagine 70% of all applicants being Indian nationals. Randomly sample all the applicants and with a big enough sample size, the distribution will be the same, i.e. ~70% of your samples will be Indian nationals. Countries that have the most people in the world have the most people in the H-1B application process as well. China and India are my guesses, without looking at the publicly available data on H-1B…

I'm surprised to see a large gap between Indian and Chinese (6:1). Sampling SoMa rush hour traffic, I would expected something like 3:2 to or even 1:1 ratio.

Sf and the bay area has a large Chinese population that has been here for a long time (from before the times of the Gold Rush). A good chunk of the people you see are probably Chinese americans, not H1b/Green card holders

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

#279

Post by Gerrymander »

baseethrowaway wrote: post #52
tinkyada wrote: post #48

Don't know if this is the forum to ask or you have the knowledge but i'll ask anyway. Is there a reason why India alone receives more than 70% of all H1b visa (more than twice every other country combined)? Is this by design or accident? (Also I find most immigration question forums tend to be dominated/overwhelmed by Indians and their specific immigration questions) *update with relevant link: https://www.recode.net…

Statistics. Imagine 70% of all applicants being Indian nationals. Randomly sample all the applicants and with a big enough sample size, the distribution will be the same, i.e. ~70% of your samples will be Indian nationals. Countries that have the most people in the world have the most people in the H-1B application process as well. China and India are my guesses, without looking at the publicly available data on H-1B…

You also have to account for the fact that many indian IT shops are actively gaming the system. There's a lot of visa fraud wrt H-1B primarily from india.

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

#280

Post by canttestthis »

suryacom wrote: post #144
proberts wrote: post #133

Earlier quoted context omitted.

There is an ebb and flow in the progression of priority dates but yes, the process could take longer than 10 years.

I see. So, will the "ebb and flow", bring down my wait time from 800 years to 300 years?

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