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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

#41

Post by bc569a80a344f9c »

unhappy_meaning wrote: post #26

Hello Mr. Roberts, Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card) I've read that someone should carry…

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004).

To be more specific:

>> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

Where evidence of registration is an I94 or a green card or whatever.

I’m constantly surprised how many permanent residents don’t do this.

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

#43

Post by proberts »

poohonbreak1 wrote: post #34

Hi Peter, I am on a H1B visa; Is it allowed to run a company by myself if I never take out the revenue off the company bank account (so, effectively unrealized gains).

The analysis is nuanced and the answer (which can be Yes or No) depends on a variety factors, such as what "running" the company involves, whether there are multiple founders, what the corporate structure of the company is, whether the company is generating revenues, whether the company has clients, whether the company has received funding, and whether the company has employees. To state the obvious, before embarking on such a venture, get a consultation so that you understand what's possible and what you can and can't do. There's also the option of getting a concurrent part-time H-1B to actually work for your startup.

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

#44

Post by abafterratic872 »

Hi Peter, thanks for doing this.

For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but would look to move jobs if an L1 visa was a possibility.

Are there any other realistic routes available?

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

#45

Post by kappi »

why is ycombinator promoting immigration thru H1B when so many US born CS grads are finding it hard to get job. In 2023, American colleges graduated 134,153 citizens or green card holders with bachelor's or master's degrees in computer science. That same year, our federal government handed out work permits to at least 110,098 foreign workers in computer occupations through just three major guest worker programs. That's equal to 82% of our graduating class who are guaranteed jobs even before any Americans walk across the stage for their diploma. https://ifspp.substack.com/p/data-on-how-america-sold-out-it...

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

#46

Post by tears-in-rain »

Hello! I may not be as knowledgeable about immigration as previous speakers, but could you provide me with a bullet-point list of the latest legal requirements? I’d like some guidance as someone currently outside the U.S. who wants to work in your country. Thanks.

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

#48

Post by codybontecou »

Hey Mr. Roberts!

I'm a US citizen and my wife has a green card. We like to travel extensively, but feel limited by the need to be in the US for at least 6 months out of the year.

In an ideal world, we could get a digital nomad visa in Portugal and my wife and I could live and work there while we wait out some of the chaos that seems to be occurring in the US.

But, we're not sure if we can live/work in Europe while simultaneously fulfilling the green card requirements. Do you know if there's an exception for cases like this?

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

#49

Post by rsstack »

My time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer?

Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my case and not benefiting from my case, but I'm not sure if USCIS has a different opinion.

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