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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

#391

Is an O-1 or EB-1 visa viable as a grandmaster in chess? There are, for instance, only about 100 grandmasters in the United States right now. We're looking at bringing over a Chess grandmaster to our company, but don't know the most efficient route (haven't talked to an immigration lawyer). If time to visa is a factor, is there an easier route?

What would this person be doing for your company?

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

#392
post #208

Case: I'm currently in US on L2 (dependent on my wife's L1B). Wife's H1b got picked this time and she wish to postpone accepting the H1B because if she gets on to H1b right away, spouse( I in this case) will become ineligible to work ( on H4) until she has approved I-140 which is going to take 1+ years. Question: How long can she safely keep the H1b lottery acceptance active without losing it ?

I don't have a specific answer here, but my understanding is that the usual idea is to choose "consular processing" for the H-1B visa. Perhaps your wife should talk with her company's immigration team about this.

That's right, selecting consular notification rather than change of status on the I-129 form can defer for a long while the start of H-1B status.

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

#393

Is commuting on a TN visa possible for a Canadian living in Canada? Let’s say I had to commute to the office in the US 2 days a week, and live the remaining 5 days back home in Canada while working remotely. Is a TN good enough?

Yes, a TN would allow for this.

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

#394
Good evening. I'm signing off now. I tried to get through most of the questions but I know that I haven't answered them all and for that, I am very sorry. Please feel free to email me directly (email in profile) if you have any questions. Thank you for participating in this AMA. The questions and comments were great and as always, I learned a lot myself.

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

#395

A bit of a late question: My fiancée and I are going to marry soon. I'm here on an ESTA (I'm from the Netherlands), and from my understanding marrying while on an ESTA should be fine, as long as there is an intent to leave and as long there's no adjustment of status shenanigans, I wasn't intending on it. What's the quickest way to immigrate to the US with work authorization? My thoughts: go through the CR-1 process.…

A K-1 might be a bit faster bit not by much. The only other option is get a work visa (such as an O-1 or L-1) and then when you are in the U.S., file your marriage-based green card application, which in most instances is taking less than 6 months. The immigrant visa process, as you correctly note, is taking a while, anywhere from 12 to 18 months, depending on the Consulate.

Thank you for the answer.

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

#396

Hello. I'm struggling with my immigration status and my friend recommended my to ask on this website. I hope I can get some legal advice well! My current immigration status : I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J…

You need to speak with an immigration lawyer who specializes in VAWA. If you email me, I can refer some to you.

Okay, thank you. Where can I email you?

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

#397
post #170

Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.

Depending on a number of factors, the likely visa options are the E-1 and the O-1 but because of the incident, you likely will need a waiver when you apply for a visa and the waiver process can take anywhere from 3 to 6+ months.

Wow this is super helpful. Very grateful for your time. There's a lot misinformation floating around.

And since I only verbally admitted to the TSA agents smoking a joint in New York and was kind of coerced into it no other way to dispute it then the waiver? I didn't have anything on me nor do I really use marijuana

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

#398
post #349
post #340

Earlier quoted context omitted.

Immigration officers will ask your purpose of stay, and if your answer is not clear and they start questioning in more detail and you blurt out you're gonna do something which is technically not allowed by your visa, then you have a problem. Comparing yourself with others who also do illegal things during their stay won't help you then.

Your purpose is to attend xyz conference. That's literally all you have to say. I can assure you "what are you going to be doing between the hours of 6pm to 8pm on Tuesday when you have a break, and will you be commiting any code at that time?" is not going to come up.

Sure. Mentioning anything more than that will lead to trouble. But many people are not aware of how thin the line is and mention they are also going to work remote for a few hours. Or meet with colleagues for a hacking session. That's already too much.

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

#399

Earlier quoted context omitted.

That still would cross the line even if that wasn't your plan when you entered.

That people get away with working while in B-1 or B-2 doesn't mean that the law allows it; simply put, some CBP officers know the law and others don't. The confusion is that years ago, the B-1 rules allowed for short term work in the U.S. while on the payroll of a foreign company but that absolutely isn't allowed anymore and if an applicant for a B-1 visa or admission in B-1 status says this, then there is a high pro…

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

#400
You probably get this question a lot and have dealt with similar cases for YC, so please direct me to previous comments if available already:

I'm an Indian, still on H1B after a decade of employment and probably will always be. I want to found a startup but getting a visa that will allow me to do that seems unapproachably hard. Does YC materially change this in my favor?

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