Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?
Could you share more details with those of us who are unfamiliar with the issue? People from India have a multi-decade wait to work in the US? That sounds horrible. A new US President may be more interested in immigration. AFAIK the US public largely supports it still, as do the powerful (businesses). It's mostly the nationalists who object.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
71–80 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#72Do you think it is possible to receive L-1A after working one year on a US branch incorporated while on F1 OPT?
I've a start up incorporated on UK. If I open a US branch under F1 OPT status and work it for 1 year on this branch, my application for L-1A can succeed?
As USCIS states:
"Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1."
and
"To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States;"
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?
Could you share more details with those of us who are unfamiliar with the issue? People from India have a multi-decade wait to work in the US? That sounds horrible. A new US President may be more interested in immigration. AFAIK the US public largely supports it still, as do the powerful (businesses). It's mostly the nationalists who object.
I agree but missing some info. Republicans in Congress are actually more willing t fix this and bipartisan bills that will for sure pass the House with a super majority have been introduced but not in the Senate. The Democrats don’t want to pass anything without passing DACA because they get no political points and The Trump Administrarion wants some other types of immmigration cut before passing this (giving diversity lottery slots to h1b backlog) to appease the nationalist base. Traditional GOP non nationalists and moderate Democrats are for this strongly however. Basically there is no political push to get this fixed. If h1b were more vocal or had more political capital, it’d get done in a month.
Edit: not sure why the downvotes, here’s a source?
http://thehill.com/opinion/immigration/377886-congress-leave...
325 co sponsors 174 D 151 R with many more willing to vote for it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74What's the path for an H-1B employee to start a startup in the US? In particular if they aim to have ~50% ownership.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75Hi Peter, Should a person who is in H1B wants to create a startup in US, what kind of VISA issues that he/she might run into?
Why do some people capitalise ‘visa’? What are you under the impression it stands for?
The all caps Visa logo on credit cards is probably where it comes from. But, yeah, travel "visa" is a common noun.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?
It's incredibly frustrating of course. The only short-cut is via an EB1A green card or marriage to a USC, which are very limited options. That being said, we've helped many stuck in the backlog through the EB1A path.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77What's the path for an H-1B employee to start a startup in the US? In particular if they aim to have ~50% ownership.
USCIS is really tough on H-1Bs and getting tougher where the beneficiary owns 50% or more even if there's an independent board of directors that can fire the beneficiary So, given this, the best chance is to own less than 50% and have a board that can fire the beneficiary.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Do you think it is possible to receive L-1A after working one year on a US branch incorporated while on F1 OPT? I've a start up incorporated on UK. If I open a US branch under F1 OPT status and work it for 1 year on this branch, my application for L-1A can succeed? As USCIS states: "Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qua…
Yes, it's possible. Your F-1 status is really irrelevant to the analysis.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79Hi Peter, thank you very much for doing this. In 2018, what is the best visa avenue for an Indian student on an F1 visa to approach VC-funded entrepreneurship? I would like to take my business to market. I am starting to get traction and I have VC funding lined up, could this be used as a justification for an O1 or EB1 visa? Thank you.
Yes, it could and the O-1 is oftentimes the path taken by international founders (where the E-1 or E-2 is not an option). And given the toughening EB1A standard, it's generally advisable to get the O-1 first.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80I'm a U.S. citizen. My girlfriend is a Canadian citizen, and lives in Canada. If we got married how quickly could she start working in the US?
Thanks!