proberts

28 ms·

571.
by proberts 3y ago
A B-1/B-2 visa would not allow you to work for the U.S. company while here or your Indian startup while here. It might seem like overkill but possibly get an O-1 through the U.S. company. There's no minimum amount of time that y
572.
by proberts 3y ago
Yes. You can be in E-3 status and pursue a green card; it just means that your international travel might be limited during the process.
573.
by proberts 3y ago
The EB1/EB2 refers to a green card so that is probably not a good option because it takes too long. Between the H-1B and the O-1; they each have their relative benefits: the H-1B would allow you to travel without interruption during t
574.
by proberts 3y ago
Question 1: No, there are a few TN occupations that don't require a degree and the O-1 doesn't require a degree. Question 2: No, you would not need a visa; U.S. immigration doesn't reach beyond the borders of the U.S.
575.
by proberts 3y ago
I can't comment on taxes. Are you asking about the best way to work in the U.S.?
576.
by proberts 3y ago
Broadly speaking, a B-1/B-2 would appear to be appropriate but U.S. Consulates oftentimes deny applications for such a visa even if it is the appropriate visa for other reasons (such as concerns about the applicant remaining in the U.S
577.
by proberts 3y ago
Call or email the NVC (there's an email address for questions) and if that doesn't work, get your Congressional representative involved (something that is done all the time and probably would be helpful here).
578.
by proberts 3y ago
The requirement is a bachelor's degree or higher or its equivalent and equivalent can be based on a combination of education and professional experience or even just professional experience. So the H-1B might be an option for you. Al
579.
by proberts 3y ago
Good question but outside my area of expertise.
580.
by proberts 3y ago
For you to apply for your green card while in the U.S., you need to be in the U.S. in a work visa status, not in a visitor status. Alternatively, you can get your green card outside the U.S. through a U.S. Consulate (known as an "immi
581.
by proberts 3y ago
Published papers are not a requirement for an EB2 NIW filing; they might help but they're absolutely not required.
582.
by proberts 3y ago
Not really. If you had a U.S. company, you might be able to sponsor them.
583.
by proberts 3y ago
A very good question! There were historical reasons for it but now it just seems like a way to generate money for the USG.
584.
by proberts 3y ago
It looks like you and your wife will have multiple green card paths available to you either through your wife or through you, such as the EB2 national interest waiver path or the EB1 extraordinary ability or outstanding researcher path. Sho
585.
by proberts 3y ago
The TN visa might be the easiest quickest option. The O-1 and E-2 also might be options although the timelines are longer and the costs are higher.
586.
by proberts 3y ago
That's a case specific question but broadly legally there's no minimum requirement.
587.
by proberts 3y ago
That's more of a YC question because you have to go all in when you're in YC. From an immigration standpoint, there are ways to find an immigration path participate in accelerators/incubators even if currently in H-1B status
588.
by proberts 3y ago
He could change his TN to a Management Consultant but that would mean entering into a consulting agreement with his current employer (assuming that he also wants to keep this employment).
589.
by proberts 3y ago
His age is not a bar. Broadly speaking, there are visas available to really bright and talented young people (such as the O-1). The issue is that Russian citizens are typically experiencing significant delays now when they take the final
590.
by proberts 3y ago
As long as the company has the ability to pay the offered green card wage, green card sponsorship by small companies usually works. The main issues are unrelated to a company's size.
591.
by proberts 3y ago
That could work. There also might be other visa options.
592.
by proberts 3y ago
Good questions and a not-uncommon situation. This is very specific to your situation so please email me.
593.
by proberts 3y ago
That's one approach and a defensible one but I think that might hamstring efforts to build a company to the point where sponsorship is an option. Another approach is providing services or products for a fee. But this is really a grey
594.
by proberts 3y ago
The H-1B program is supposed to protect the wages and working conditions of U.S. workers (but it's debatable whether it does either) but there's no labor market test requirement to employ an H-1B workers.
595.
by proberts 3y ago
Who has not taken the U.S. job? Yes (if I understand you correctly).
596.
by proberts 3y ago
See my response above. After they graduate, it's much easier, OPT and under certain circumstances STEM OPT permit this.
597.
by proberts 3y ago
While they are in school? That's tough and the student has to be very careful not to cross any lines. CPT and pre-completion OPT sometimes work but there are significant restrictions and conditions that must be met. Oftentimes, the sol
598.
by proberts 3y ago
The bar is low. It's presumed that the sponsoring company will be able to pay the sponsored H-1B worker so the focus actually isn't on funding but the existence of basic corporate requirements - that is, the company must be incorp
599.
by proberts 3y ago
If the activities of founders are limited, then it's possible to spend a significant amount of time in the U.S. as a business visitor but more often than not, a work status/visa is required and the timing of getting that must be m
600.
by proberts 3y ago
There used to be a visa specifically for nurses, the H-1C, and when that sunset, the options greatly were reduced but there still are solutions if the global organization is structured and funded properly. It's not appropriate for me t

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