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proberts

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

212 points·by proberts·hace 2 meses·250 comments

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

228 points·by proberts·hace 7 meses·306 comments

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

165 points·by proberts·hace 12 meses·266 comments

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

257 points·by proberts·el año pasado·452 comments

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

300 points·by proberts·el año pasado·487 comments

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

370 points·by proberts·el año pasado·377 comments

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

245 points·by proberts·hace 2 años·385 comments

comments

proberts
·hace 2 meses·discuss
Sorry for the poor wording. It's tougher for those who are not in academia or research.
proberts
·hace 2 meses·discuss
It's still pretty easy if coming to work in one of the TN occupations with the right educational background.
proberts
·hace 2 meses·discuss
That's a good question. I've thought various changes over the years would slow the influx of people to the U.S. but they never have and in fact the interest in living and working in the U.S. only continues to grow.
proberts
·hace 2 meses·discuss
The place of incorporation doesn't matter. We should talk because assessment of E-1 and E-2 visa options requires careful analysis.
proberts
·hace 2 meses·discuss
Nothing has been announced yet. USCIS indicated that these expanded background checks shouldn't delay the process by much but of course no one knows. Right now, it's just wait and see,
proberts
·hace 2 meses·discuss
I-130 processing has always been all over the place and can be very slow sometimes, taking 9 or even 12 months.
proberts
·hace 2 meses·discuss
My understanding is that time outside the U.S. of more than 30 days while in J-1 status is permissible but triggers a SEVIS alert and requires the ISSO to verify in the SEVIS system that you are continuing with your J-1 work while outside. So, you would want to advise the ISSO before you leave the U.S. and get his or her okay.
proberts
·hace 2 meses·discuss
Yes, that would be fine but you probably would want to apply for a reentry permit when you are in the U.S. to protect your green card in the event you are outside the U.S. longer than expected.
proberts
·hace 2 meses·discuss
Yes, I am seeing N-400 processing taking longer now. And yes, you can travel internationally while your N-400 is pending.
proberts
·hace 2 meses·discuss
It's purely based on appointment availability at the particular U.S. Consulate but typically it's very quick to get an L-2 appointment. As an admitted L-2S spouse, you would be work-authorized and wouldn't need an EAD.
proberts
·hace 2 meses·discuss
As long as your PD is current per the DFF chart in effect, then there's no date by which you must file your I-485. It's different if the Final Action chart were current. In that case, assuming it remained current, you would need to take I-485 or IV steps within one year. Of course, if you return to your current employer, it would need to be a bona fide job in the same/similar position.
proberts
·hace 2 meses·discuss
The only downsides that I'm aware of are ongoing U.S. tax liability if you move abroad but still want to keep your green card and a potential tax penalty if you give up your green card after having it for at least 7/8 years.
proberts
·hace 2 meses·discuss
Do you mean getting an immigrant/green card at a U.S. Consulate abroad?
proberts
·hace 2 meses·discuss
Was the EB1A petition filed with premium processing?
proberts
·hace 2 meses·discuss
E-3s are super quick and easy so this is definitely the first option to explore. But it requires a bachelor's degree or its equivalent in a field related to the job. And being a founder/owner can complicate the process but doesn't automatically mean an E-3 isn't an option. There's no helpful decision matrix. If you'd like, send me your resume and schedule a call and I can tell you which option to pursue.
proberts
·hace 2 meses·discuss
The spouse could definitely switch to L-2 but then might lose eligibility for L-1 since the spouse still would need to meet the qualifying foreign employment requirement and the three-year lookback period for qualifying employment abroad would start now, not when they initially transferred to the U.S.
proberts
·hace 2 meses·discuss
While U.S. companies continue to hire lots of foreign nationals and while foreign national founders in large numbers continue to try to build businesses in the U.S., the numbers appear to be down. The recent H-1B lottery seems to confirm this. Regarding cancellations/rejections, I would say it's getting harder to get cases approved but our success rate is still high.
proberts
·hace 2 meses·discuss
The time varies significantly depending on the type of case. I am constantly on the phone with existing clients and potential clients. And we handle a lot of small and mid-sized companies so it's rarely turn-key.
proberts
·hace 2 meses·discuss
I believe the numbers of H-1B filings has gone down although the H-1B approval rate - so far - seems unchanged.
proberts
·hace 2 meses·discuss
That's right. Working without pay in jobs that normally are paid could still be considered unauthorized employment.