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

news.ycombinator.com

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

#351

Post by proberts »

mehran_1380 wrote: post #259

F1 Visa Revoked Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to the airport to fly to US, but the airline officer said your visa got revoked! I resubmit my second visa application in September which is still under administrative process after about 1 year. What can I do? My case is related to this news: https://www.theguardian.com/us-news/2019/oct/14/iranian-stud...

I would do two things: contact a Congressional office to make an inquiry with the Consulate and submit a FOIA request.

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

#352

Post by proberts »

mid256 wrote: post #301

Thank you for doing this! I'm working at a tech startup on my F1-OPT (expired July 15). My lawyer submitted my H1B petition one month ago but we haven't received the receipt from USCIS. Can I continue working while waiting for the receipt and the approval? If not, what are some options to legally working until we get the receipt?

Yes, you can continue to work based on something called cap gap coverage but you should get a new I-20 issued by your school.

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

#353

Post by proberts »

pain_perdu wrote: post #37

Are the border agents at US airports currently processing TN applications? Are all TN workers considered 'essential' during the current situation?

The limitation to essential travel only applies to land and sea crossings but regardless coming to the U.S. to work (by applying for admission in TN status) is considered essential travel.

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

#354

Post by yandie »

vishalkuo wrote: post #215
yandie wrote: post #150

Earlier quoted context omitted.

Not a lawyer, but somebody who went through the greencard process. The answer is yes. Same for E3 (for Australian). The risk is once your company files I-140 petition (petition for immigrant workers), you might be denied entry if you leave the US. It's hard to prove your non-immigrant intent... So if you have less than a year on your i-94 it's risky (i-140 takes a while these days to process - mine took 1 year). It w…

Ah interesting. This makes me wonder if now is the optimal time to try this given that going back to Canada is less appealing. It's also interesting that your friend managed to stay in the country despite his i-94 running out. I didn't think that could be done. This gives me a lot to think about, thanks!

> friend managed to stay in the country despite his i-94 running out.

His adjustment of status was pending so there's a grace period (check with your lawyer). He was basically waiting for his EAD/Advance Parole card at that point!

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

#356

Post by proberts »

anonh1bobvious wrote: post #200

Hi Peter, can you comment about rumblings that this administration is working on a rule that revoke/resets I140s after a certain number years and make everyone do perm and labor processes again?

I'm not but something like that definitely would be challenged.

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

#357

Post by proberts »

mlsystems wrote: post #172

In this comment https://news.ycombinator.com/item?id=23940448 you mentioned that self employment is prohibited on H1b. Can you comment if working on H1b (also have EAD from I485 filed based on employer) and (a) consulting for another firm (in Canada/non-US) is allowed?, (b) consulting for a US firm (1099) is allowed?, and (c) being a youtuber who earns money through ads is allowed?

If you have an EAD, then all is allowed; the question/issue is whether such an activity could negatively impact your pending I-485 application - and it could.

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

#359

Post by proberts »

theboat wrote: post #346

I'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"?

First, you can work for all these companies remotely in Canada without US work authorization. You have to come within one of the occupations (economist or engineer) and have the appropriate educational background. I would argue that your degree is appropriate for a data engineering position but USCIS and CBP typically take the narrow (irrational) view that the appropriate degree is one in engineering (or a related field).

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

#360

Post by masalachai »

proberts wrote: post #256
kgycombinator wrote: post #221

Earlier quoted context omitted.

Thank you! I was going to ask the same question. Also, once the business set up..what if it generated profit as h1bs are not allowed to get paid by other entities..

Really complicated and nuanced stuff unfortunately. What's clear is that one can incorporate, get office space, build a product, and even get funding and that one can't get paid cash for work done. Everything else in between is nuanced, such as generating revenues if not taking a draw or cut. I'd be happy to talk this through with you and anyone else but my general approach is that once the business is real (not a gr…

Thanks for doing this, Peter.

My I-140 is approved and my wife has an EAD. Are there any restrictions that would prevent her from opening an LLC and getting paid for her freelance work through it?

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