How do I find a job in the Bay Area in a company which is willing to sponsor visas, from India?
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
#282Earlier quoted context omitted.
It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.
thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly. Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how peop…
I'd take a look at passright.com. They've helped tons of engineers and their approval rate (when you follow all of their instructions, of which there are quite a few) is very very high (90%+).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#283Hi Peter,
Thanks for your periodic AMA’s.
I am waiting for my Canadian PR which I know would be granted in the next 6 - 8 months, once the pandemic ebbs. After staying in Canada for 3 years, I would be granted Canadian citizenship.
In 1st week of Oct 2020, I was informed my I-130 has been approved. My father, who became a naturalized US citizen in Oct 2018, had filed for my GC and I am in F2B category right now. I have been told it’s another 2 years before I get my GC.
Naturally my first priority would be to get Canadian citizenship, and then US.
I am expecting my Canadian PR to be approved by first half of 2021, after which I would be leaving for Canada. My GC would be approved by Oct 2022, approximately.
1. Do I have to land in USA as soon as my GC is approved? If my calculations are right, I would still be in Canada in the middle of finishing my 3 years to Canadian citizenship when my GC would be approved. Is it okay if I get my Canadian citizenship and only after that move to USA to pursue 5 years wait time of US citizenship?
2. How much tax would I have to pay to both countries? Is there a double taxation avoidance treaty between Canada - US?
3. Any other caveats I need to know before I become a citizen of both counties?
I am 31, working in IT with 4.5 yrs of work ex, currently based in India, have a 4 years bachelors of engineering degree, and never married.
Any suggestions would be reciprocated with immense gratitude.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#284I’ll be eligible to apply for naturalisation next year. N-400 processing times for the SF office are currently 14.5-17.5 months, compared to 9.1 months nationally and 5.6 months 4 years ago. Speculatively, is this something the new administration could remedy quickly?
The expanded processing time is the product of the pandemic (shut down of offices, their limited capacity, and the backlogs) and political priorities. The Obama Administration made the expeditious processing of naturalization applications a priority and reduced the processing time to around 6 months on average. We will still feel the effects of the pandemic for some time but if the Biden Administration makes the proc…
I submitted my application online a few weeks ago and it's saying both "We are taking longer than expected" and "Estimated case completion time: May 2021 (6 months)". Is that date wholly unrealistic then?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#285Earlier quoted context omitted.
@maverick how about you try contributing something meaningful to this thread?
The post is literally asking a shortcut to an extraordinary visa when they are ordinary like everyone else.
I do not think you understand the complexities of the visa laws of USA, so instead of judging someone please spend time educating yourself first and then make comments here.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#286Earlier quoted context omitted.
thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly. Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how peop…
I think that's an unfair characterization based on citizenship.
Well, American immigration law differentiates between people based on where they were born, part of the reason why many of us have to waste our time working for FANG when in reality we would like to start something of our own.
Discrimination in law is bound to have discriminatory consequences down the road for the folks. It is very common practice of citizens to demand a premium for being citizens from those who are on a visa and are stuck in 100 year green card queue.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#287Hi Peter,
Can I come to USA on TN Visa while my green card file is in NVC. My father(US citizen) sponsored me in 2017. I am over 21 age. My I 130 was approved two months ago by USCIS. I need to wait 3 more years before I get Green card as per visa bulletin.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#288Earlier quoted context omitted.
Why are you flying to California? For onboarding? I would recommend getting a TN prior to your flight in case there are problems. You don't need a TN if you're physically in Canada. You only need the TN if you're entering the United States to work. If you don't need to enter the United States, you can avoid this for now.
They don't have Canadian payroll set up and don't want to hire contractors.
Why don’t they want to hire contractors? That is what they have to do. You also need to be registered as a business (sole trader at least) in Canada. You don’t need to physically go to California though.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#289Hi Peter,
Thanks for taking your time to do this. Well, i am a asylum seeker currently seeking asylum here in the United States. I came to the US through the border. Upon, arriving to the US, I enrolled in college currently doing my undergrad in computer information systems at Baruch College in NYC. I want to know whether or not my college degree can play a critical role in helping me with my green card process? Thank you
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#290Hi Peter, thanks a lot for doing this. I know I'm a little late but posting my question in case you see it: I am an Indian citizen (currently residing in India) and my potential co-founder is on H1B in the US. We want to start a startup in the US (because that's where our market is). What are the best visa options for me and him?