Hi Peter, thank you for doing this.
What are the steps towards citizenship after one got Green-Card via H1B -> Green-Card route under the current administration's laws? Are there any changes and new restrictions, etc.?
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
#32Hello Peter:
I'm a U.S. male citizen who married a Mexican single mom. The child is a U.S. citizen as well. We're in the process of getting my wife a green card. Because of my job in L.A., and because my wife's business interests are in Mexico, we have a commuter marriage. She intends to stay in Mexico until we're empty nesters. Will that be a problem in the interview when getting her green card?
Thanks much
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33What is one critical thing that you think founder should know , which you think they don't ?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34Earlier quoted context omitted.
What's your country of citizenship?
India
Then the O-1 and H-1B are your only options. While ownership/control is generally not an issue in the O-1 context, it is in the H-1B context so to proceed with an H-1B, you would have to cede ownership/control to your cofounder.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35Can startups hire people who have received their I-140 with a priority date? What all does the start up need to do to be able to hire such folks?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36Hello Peter: I'm a U.S. male citizen who married a Mexican single mom. The child is a U.S. citizen as well. We're in the process of getting my wife a green card. Because of my job in L.A., and because my wife's business interests are in Mexico, we have a commuter marriage. She intends to stay in Mexico until we're empty nesters. Will that be a problem in the interview when getting her green card? Thanks much
You might have to do some explaining but in my experience, when a marriage is legitimate, even if the couple is living apart, the green card application always gets approved.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37Hi Peter, I'm an Australian on an E3 that's been approved for the H1B. Do I need to go all the way to Sydney to get sticker on my passport? It's a long and costly flight ... I was hoping to be able to do it at an embassy in Canada. Thanks in advance!
Not at all. You can go just about anywhere to get your H-1B visa stamp, Canada, Europe, South America, the Islands, etc.
Thank you so much! I thought there might have been issues since this was my first time getting an H1B.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38What does it take a start up founder to get an O1 Visa approved ?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39Can startups hire people who have received their I-140 with a priority date? What all does the start up need to do to be able to hire such folks?
Absolutely. Startups are in no different position than established companies: you just need to demonstrate that there's enough money to pay the H-1B salary and run the company and enough work for the H-1B employee to do over the life of the H-1B validity period.