Is it possible for a Canadian to work remotely for a Canadian company from inside the US? For how long? Would this be on a B2 visa, since my presence in the US is unrelated to my work?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
341–350 of 479 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#342My case: Presently in US on a cap-exempt H1B. Planning to resign from my current position in a few months' time, and (eventually) relocate to another country. Q: Can I make use of the 60-day grace period to stay in US after I resign? I don't need work authorization for this period.
Yes, you can take advantage of the grace period (although it's limited by your I-94 admission period).
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#343Say my close friend / future cofounder is here on a B-1. He's looking to extend it for 6 months pretty soon. Do you think the current situation means that it's more or less likely to get approved? I'd be optimistic about the baseline situation, but given the pandemic, I don't know whether the government would be (a) very slow, allowing the person lots of time to stay while govt makes their call, or (b) unusually effi…
More likely given the pandemic and the understanding that it can be impossible to return to one's home country or at least unsafe/risky to travel internationally.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#344This might be a strange question, but I'll give it a shot anyway. Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficul…
https://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Refe... exists for basically exactly this purpose, and similar services are offered by most state bar associations.
Yes, you do have to /pay/ for lawyers, they do law stuff as their job, not as a favor for random acquaintances. Basic consultation to establish whether a firm is a fit for you should be fairly low-cost or free.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#345Earlier quoted context omitted.
Are you in the I-485 stage?
No,I received by 140 and waiting for it to be current.
You are talking about being a founder on the side, I assume, but not filing anything with USCIS so that you can work for/get paid by this company? Then this shouldn't compromise your green card process. The question is just whether what you are doing is permissible and as discussed above, the limits are a bit murky: at a minimum, don't get compensated in any way.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#346I'm a Canadian with a BA in economics, but I now work as a data engineer at a startup. I see postings for remote data engineering jobs in the US which say that I must be eligible to work in the US and/or have a social security number.
Is it possible for me to work for one of these companies using a TN visa? Does my degree have to be "engineering" if the role is "data engineer"?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#347Hey Peter, thank you for doing this! Can you be a founder and/or have a side business if you are in the I-485 stage of the GC?
Legally, yes, if you have a work card; just be careful that the side business doesn't raise questions about the realness of the sponsored job.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#348Hopefully this is within the scope of what you can cover: - My employer will sponsor my green card (EB3) which I'm hesitant to take given the lower priority. I also don't want to be tied down to the employer. How flexible are EB2 and EB1 criteria? - I currently am on TN and have H1B (but haven't activated yet)
That will depend in part of your country of birth. For many people, an EB3 isn't a long wait and at a minimum, establishes a priority (place in line) for other green card filings for the same company or a different company. Whether you would qualify for the other classifications will depend on the work that you do and your qualifications: education, experience, and achievements. Oftentimes, the EB3 is the only option.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#349I'm a citizen waiting for a green card application for my wife in India. We've had our docs approved by NVC and everything. Any ideas how long the mumbai embassy is going to be closed? They aren't saying a peep online, near total radio silence from them. Curious if you've heard any credible timeframes on their reopening. Thanks Peter.
Are you a US citizen? Because if you aren't, the process has been suspended per proclamation; if you are, then it simply depends on when the Consulate will reopen fully.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#350Does an approved H1-B extension necessarily extends the i-94 date? If not, is the only alternative to leave the country, get a new visa stamp(which is not possible till Dec 31, AFAIK) and reenter the country?
If it is filed with a request for extension of status and not consular notification, then yes. The approval notice will indicate which and have an I-94 attached at the bottom if an extension. If it's filed with a request for consular notification, then you will need to leave the US and get a new H-1B visa and then reenter to activate it. I assume that when you say extension, you mean with the same employer?