Is it still a good idea to apply for global entry while on H1B? Are there any repercussions if a global entry application is denied for whatever reason?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
321–330 of 345 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#322Earlier quoted context omitted.
It should be done in tandem with GC recapture or possibly a single one off Bill to clear backlogged applicants.
No, it shouldn't. Stuff like recapture has no likelihood of passing. The reason country caps exist is precisely because everyone wants to carve out some provisions for their favorite group in hopes of getting the mythical comprehensive immigration reform. A one sentence bill on this matter has better odds of passing if it were to ever come to a vote. There is really no tenable position in favor of country based discr…
I disagree for the reasons the first reply mentioned. Backlogging every country by 10+ years is effectively shutting down the US immigration system. The backlog will never be cleared.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#323Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.
Why don't they just start a company in the country where they are from or why don't you start a company with someone who is a citizen or has a green card? The entire premise of your question is misaligned with the intention of the H1-B visa. Yes, everyone abuses its intent, but that isn't justification for more people to find more ways to abuse it. The abuse of that visa (and other visas) is why folks just want it ab…
I am not sure if your questions were rhetorical or not but I don't think you want them answered. I am happy to explain the situation though. She did not take a visa to circumvent the law, she has been here for years and we came up with this idea a few months ago. It's not remote applicable. So everything you said is true in a legal sense but it's unlikely any of it happens and now there is a very large fee for new applications so it's a very high risk to move back and then reapply. The reality of startups is at first they may not make enough money to support an H1-B so we're not sure how to make enough money to get her one without already having done work. I don't think this violates the intention of the H1-B it just creates a situation where starting a startup is very murky but working at a large firm is fine. I am not sure the intention of the law was meant to bias in favor of H1-B only benefitting large corporations.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#324Hey Peter, I’m an F1 visa student and I’m trying to found a company with two Americans while being an Indian citizen. I plan on taking significant equity and will be part of the cofounders. Are there any significant hurdles that I should be on the lookout for here? I’d like to sign the founders agreement and found the company while I’m still pursuing my education but I’m not sure whether my visa status would throw an…
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#325Earlier quoted context omitted.
No, it shouldn't. Stuff like recapture has no likelihood of passing. The reason country caps exist is precisely because everyone wants to carve out some provisions for their favorite group in hopes of getting the mythical comprehensive immigration reform. A one sentence bill on this matter has better odds of passing if it were to ever come to a vote. There is really no tenable position in favor of country based discr…
I disagree for the reasons the first reply mentioned. Backlogging every country by 10+ years is effectively shutting down the US immigration system. The backlog will never be cleared.
It will be cleared if everyone is treated equally as Congress will be forced to change the law. Green cards aren't magical fairy dust with a finite supply. Everything is negotiable. You restore basic equality first; the rest is accounting. Your position is tantamount to saying that segregation should be abolished only if it is coupled with increasing the total number of schools. It makes no sense.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#326Earlier quoted context omitted.
I disagree for the reasons the first reply mentioned. Backlogging every country by 10+ years is effectively shutting down the US immigration system. The backlog will never be cleared.
It will be cleared if everyone is treated equally as Congress will be forced to change the law. Green cards aren't magical fairy dust with a finite supply. Everything is negotiable. You restore basic equality first; the rest is accounting. Your position is tantamount to saying that segregation should be abolished only if it is coupled with increasing the total number of schools. It makes no sense.
The thing is everyone on the queue aren’t citizens, so they don’t vote, so congress doesn’t give a shit if it takes 10+ years for everyone.
There is no downside for them to screw everyone equally. However, if they make immigration easier or make it simpler, a bunch of them won’t be reelected as their bases would hate that.
I’m all in for simplifying the process and what not, but congress taking action I think is very likely to screw things more than they currently are.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#327Earlier quoted context omitted.
It will be cleared if everyone is treated equally as Congress will be forced to change the law. Green cards aren't magical fairy dust with a finite supply. Everything is negotiable. You restore basic equality first; the rest is accounting. Your position is tantamount to saying that segregation should be abolished only if it is coupled with increasing the total number of schools. It makes no sense.
The thing is everyone on the queue aren’t citizens, so they don’t vote, so congress doesn’t give a shit if it takes 10+ years for everyone. There is no downside for them to screw everyone equally. However, if they make immigration easier or make it simpler, a bunch of them won’t be reelected as their bases would hate that. I’m all in for simplifying the process and what not, but congress taking action I think is very…
The downside is that you have declining birth rates and a slowing economy. Despite all the non-sense from the current admin, you do actually need immigrants. Trump has said so himself as his admin keeps screwing things up (see the Hyundai fiasco). The average American citizen has no idea about how immigration in this country works. People are overwhelmingly in favor of legal and skills based immigration.
>but congress taking action I think is very likely to screw things more than they currently are
Congress' inaction and paralysis is the reason we find ourselves in this morass. Congress has abdicated its responsibility and ceded power to the executive.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#328Earlier quoted context omitted.
The thing is everyone on the queue aren’t citizens, so they don’t vote, so congress doesn’t give a shit if it takes 10+ years for everyone. There is no downside for them to screw everyone equally. However, if they make immigration easier or make it simpler, a bunch of them won’t be reelected as their bases would hate that. I’m all in for simplifying the process and what not, but congress taking action I think is very…
The downside is that you have declining birth rates and a slowing economy. Despite all the non-sense from the current admin, you do actually need immigrants. Trump has said so himself as his admin keeps screwing things up (see the Hyundai fiasco). The average American citizen has no idea about how immigration in this country works. People are overwhelmingly in favor of legal and skills based immigration. >but congres…
Sure, but you are discussing the long term when most of congress only cares about the next election cycle.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#329I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving. Is there really nothing native ci…
Why don't you just go join your family and make a living where they live? I'm sure many people could increase their salary and career prospects if they chose to abandon their kids and mother of their kids, but to them being together is more important.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#330Earlier quoted context omitted.
No, if your visa expires you need to maintain your legal status while a PERM application is pending: https://www.alllaw.com/articles/nolo/us-immigration/maintain... (“This is especially important if and when you are waiting to apply for lawful permanent residence, commonly called a ‘green card.’ If you are in the United States without any immigration status, you are considered to be here illegally, and U.S. Citizensh…
PERM is for employment based green cards, not relevant here. Pending AOS for a spouse grants them legal status, including a work permit if they apply. The underlying visa doesn't matter unless the PR application is denied. You'd then be out of status if you didn't maintain a "backup" visa.
In general, the Attorney General is prohibited from granting an AOS if you have violated the underlying visa (8 USC 1255(c)): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim... (“subsection (a) [allowing AOS] shall not be applicable to… (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa.”).
Subsection (d) allows the attorney general to grant an AOS notwithstanding subsection (c) where an immigrant enters j to a bona fide marriage during proceedings regarding their immigration status. But under subsection (a) the AOS is entirely at the “discretion” of the Attorney General.
Indeed, section 1255 doesn’t grant anyone legal status. It contains various provisions where an AOS must be denied. Then, it allows but does not require the Attorney General to grant an AOS under other circumstances.