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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

#291

Post by kilimci »

proberts wrote: post #286
kilimci wrote: post #283

Earlier quoted context omitted.

Thank you for your response! I have actually contacted an immigration attorney and she said that I would have a strong case for NIW EB2 (not EB1) application. However, I'm still not sure if I should go the OPT->H1B-> permanent resident route or apply to EB2 for a faster outcome. I know that companies have lost interest in employing foreigners so the EB2 might come handy in the job search.

I don't want to take issue with your attorney's assessment because she knows your background better but oftentimes people underestimate their EB1A qualifications and go down the wrong path.

I see! Actually, her assessment was preliminary so I will research further into EB1. Who knows :)

Thank you very much for your time and response. Have a great day!

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

#292

Post by wireedin »

Hello Peter. First thank you for taking the time on addressing these very important questions. I am sure these are very emotional topics for many and we appreciate your help.

My question is: What is the process after submitting DS-260 and supporting documents on Immigrant Visa / Consular Processing. My interview should be scheduled in Tbilisi, Georgia for which I believe visas are current. I would appreciate if you could advice with approximate time frames for each step.

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

#293

Post by proberts »

cltxp wrote: post #279

Two questions; thanks for the AMA! - Does Premium Processing I-140 actually decrease the total time to green card for concurrently filed cases? (i.e. does USCIS really do work on 485 even before 140 is fully adjudicated?) - How early would it be "safe" to quit job and start a tech startup after green card is issued for a software engineer at a bigco?

Regarding your first question, it's hard to say but my feeling is yes, that this can sometimes speed up the review and approval of the I-485 application. Regarding your second question, there's really no risk to leave right away as long as your green card was obtained in good faith. This is further supported by AC21 which allows the "porting" of green card applications after 6 months.

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

#294

Post by proberts »

kilimci wrote: post #291
proberts wrote: post #286

Earlier quoted context omitted.

I don't want to take issue with your attorney's assessment because she knows your background better but oftentimes people underestimate their EB1A qualifications and go down the wrong path.

I see! Actually, her assessment was preliminary so I will research further into EB1. Who knows :) Thank you very much for your time and response. Have a great day!

Best of luck.

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

#295

Post by proberts »

graeme wrote: post #216

How would you go about establishing us income for an E1 visa? Background is I showed the consulate all my sales reports. I'm in a niche where almost all worldwide sales are in the us. So about 85% of my sales are from there. They're not considering the documents. They want a report from an accountant or an auditor. I'm producing that, but given their extreme skepticism so far, I'm wondering if there's something else…

Which Consulate are you dealing with?

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

#296

Post by leff_f »

proberts wrote: post #268
leff_f wrote: post #247

Hi Peter, can a sales representative for a Canadian company come to US to negotiate contracts/do sales (the work is done outside of US) with just B1/B2 visa? or a different type of visa required? Thanks!

Yes, admission as a B-1 visitor would be appropriate where as here the product sold is manufactured outside the U.S. and the beneficiary of the sales is an entity outside the U.S.

Thanks for your help Peter!

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

#297

Post by charris0 »

anond wrote: post #261
charris0 wrote: post #97

Hi Peter, thanks for sharing info on what I feel is quite an unknown subject to an outsider. I have a general question for you: As a skilled software developer with a relevant UK university degree (3 years BSC) and work place experience, interested in working in the US - What is the ballpark range of costs and wait time involved in getting a visa to allow me to work for a US company. What's the general procedure, - g…

(Not a lawyer, but US immigrant pretty familiar with E/F/H/J/L/O visas and Green card) There are some exceptions but the procedure is usually : get a job offer from an employer that is willing to sponsor you, then talk to a lawyer... But a lawyer might be able to help you find ways to immigrate without a job offer, but that seems pretty unlikely to me. The H-1B visa would normally be one of the 'classic' ways to be a…

really appreciate this rough guide thanks!

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

#298

Post by proberts »

johmathe wrote: post #224

If someone has: - a full-time job in a foreign country (say, Germany) that sends him in the US on a 2 months mission, - a part-time job in the US (1 day per week), which let him work from Germany but also in the US under a part-time O1 visa (accepted). How should that person enter the US for the 2 months trip? Under an VISA waiver B or O1 part-time? Thank you so much for your time.

The issue is authorization to work while in the US so he definitely should enter the US on the O-1. This doesn't preclude him from also working on behalf of the German company while here.

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

#299

Post by proberts »

TomMarius wrote: post #237

Is it possible to obtain a permanent residence in the US while continuing to work for my own foreign company with no US office as a some kind of a sales representative?

It depends on the basis of your green card application.

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

#300

Post by dpbrown81 »

Hi Peter, thanks for your time. Any specific tips for the E3 process when US employing entity is brand new? We are an Aussie company that has been around for 7 years. We are setting up a new US entity and first hire in the US is an Aussie. In your experience would a new entity face any extra scrutiny?
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