proberts

21 ms·

541.
by proberts 3y ago
This appears to be a mix of benefits and immigration issues and unfortunately I think a call is required to untangle it (because, for example, the requirement to enter the U.S. every 6 months is also related to maintaining a green card whil
542.
by proberts 3y ago
That's right, U.S. immigration doesn't reach beyond the borders of the U.S. so remote employment without work authorization is fine but once the remote worker enters the U.S., unless the worker has work authorization, the worker c
543.
by proberts 3y ago
I don't think old age is a factor; the issue is more when someone very young applies for a work visa, such as a prodigy applying for an O-1, because there is general skepticism about the applicant's qualifications/achievement
544.
by proberts 3y ago
Correct.
545.
by proberts 3y ago
I don't believe so. The only exceptions are for those under 14 and over 79.
546.
by proberts 3y ago
I don't think so. The "benefit" isn't a monetary on; the obligation is to help the H-1B worker return home so if the worker is already home, there's no obligation.
547.
by proberts 3y ago
The third prong is vague and the attack depends on whether the applicant is a founder or an employee and whether the applicant's endeavor is technical or not. Almost always there's a basis for those with PhDs to qualify for an NIW
548.
by proberts 3y ago
That's right, there are a few TN occupations that don't require a bachelor's degree including Computer Systems Analyst, Management Consultant, and Scientific Technician/Technologist.
549.
by proberts 3y ago
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.
550.
by proberts 3y ago
You need to speak with an immigration lawyer who specializes in VAWA. If you email me, I can refer some to you.
551.
by proberts 3y ago
This is extremely nuanced and delicate; you absolutely should consult with an attorney before taking any green card steps.
552.
by proberts 3y ago
That's a complicated questions. With limited exceptions, you would need to leave the U.S. to complete the processing of your green card application and almost certainly need to obtain a waiver of inadmissibility. Again with limited exc
553.
by proberts 3y ago
Unless the I-94 admission period is limited to less than 90 days, then an applicant for admission under ESTA can stay the full 90 days (assuming the activities stay within the B-1/B-2 lines) regardless of what the admitting CBP officer
554.
by proberts 3y ago
From a an immigration standpoint, it's allowed and there's really no downside to it and if it helps to grow the business, then it will help support your EB1A or EB1C applications later.
555.
by proberts 3y ago
To be clear, an H-1B visa is petition based so unless the CBP officer has reason to believe that something is amiss, the officer is not authorized to ask to see a copy of the petition; that clearly crosses a line. The TN is not petition ba
556.
by proberts 3y ago
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
557.
by proberts 3y ago
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
558.
by proberts 3y ago
Good afternoon. I will be stepping out now and returning this evening or tomorrow morning so please continue to send me your questions and comments and I will make sure to answer every one. Thank you! This has been great so far.
559.
by proberts 3y ago
The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.
560.
by proberts 3y ago
I think it's to be near the action (SF, NYC, Miami, Austin) and to work in person with others (which we know is a different experience) but I don't really know.
561.
by proberts 3y ago
Yes to both: it will be more difficult but it's possible; we have lots of clients who get their visitor's visa after the second or third try.
562.
by proberts 3y ago
You are right, it's harder in the U.S. and there's no open/general work authorization visa. But there are ways to do your own thing in the U.S. through the J-1, E-2, or O-1 visa.
563.
by proberts 3y ago
I think immigration is a great area of the law because as a lawyer you deal with amazing people and companies, get to know some really smart and interesting people, and can make a difference (help founders, employees, families realize their
564.
by proberts 3y ago
In the end, it's up to the school and they all view this differently but I see the focus as supervision (not ownership) so you need someone, an advisor or board member, who is well educated and experienced in the field who would act as
565.
by proberts 3y ago
Very transferable and also helpful for a green card application.
566.
by proberts 3y ago
I don't see how unless seeking asylum.
567.
by proberts 3y ago
They could come under comparable evidence or maybe even support original and significant contributions but they won't count as publications. The lowest hanging fruit so to speak are serving as a judge at hackathons or other competitiv
568.
by proberts 3y ago
Of course the details matter but his time in the U.S. as a good citizen, his parents' presence here, and the situation in the Congo all should help him and a supportive letter from you also should help. But it's really impossible
569.
by proberts 3y ago
That still would cross the line even if that wasn't your plan when you entered.
570.
by proberts 3y ago
Definitely, particularly Indian citizens because of the awful waits here to get a green card and because of the good opportunities and elsewhere to build a business.

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