proberts

37 ms·

721.
by proberts 3y ago
There might be a public charge issue. Either you and your wife would need to show enough liquid-ish assets or you would need to have a job offer from a U.S. company.
722.
by proberts 3y ago
Yes, you could obtain a marriage-based green card but because you are outside the U.S., you would need to go through the U.S. Embassy in Dublin and this process can take a year or longer. While waiting, you wouldn't receive a work per
723.
by proberts 3y ago
It might have been an issue - I can't know without knowing all the facts - but your lawyers should fight hard on not receiving the RFE and the resulting denial, file a motion/appeal, get a Congressional office involved. This isn&
724.
by proberts 3y ago
Yes, I've seen delays, even significant one, although - unless there's some controlled technology at issue - I've also seen the visas issued eventually.
725.
by proberts 3y ago
You definitely should get fact-specific advice from an immigration attorney. Is she looking to live in the U.S. permanently or just work here when there's work?
726.
by proberts 3y ago
Very interesting but out of my wheelhouse.
727.
by proberts 3y ago
Good advice. The L-1 is oftentimes the best - and only - option to work in the U.S. and it's still easy for qualified applicants.
728.
by proberts 3y ago
You have to be very careful here. The payments are a problem. Maybe obtain a concurrent part-time H-1B through your company.
729.
by proberts 3y ago
Months! Although this after-the-fact approval notice isn't required for reentry. The I-129S is associated with a blanket L application so this would only be relevant if you obtained a blanket L and if you did, you definitely should b
730.
by proberts 3y ago
If the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.
731.
by proberts 3y ago
Yes but it's also going to be depend on what your employer does and your role within the company.
732.
by proberts 3y ago
Yes. An employee can maintain nonimmigrant status while on a leave of absence for health or personal reasons.
733.
by proberts 3y ago
Good advice. Always get tax and corporate advice. There's no legal issue with going from a TN to a green card but because of the current green card backlogs - because the green card process takes so long - you could be in the difficult
734.
by proberts 3y ago
The company's size isn't a problem; the problem is that the employees whom you manage all outside the U.S. You also need to show that you managed multiple employees for at least one year abroad before transferring to the U.S.
735.
by proberts 3y ago
You are welcome!
736.
by proberts 3y ago
My sense is that the off-the-shelf software is largely the same. I would raise this question on AILA.
737.
by proberts 3y ago
Similar within the field of software engineering or software development or even more broadly than that so I see no issue with the examples above.
738.
by proberts 3y ago
Yes, a concurrent part-time H-1B can be for as little as 5 hours per week. But there's the issue of getting it, since founder H-1Bs can be challenging.
739.
by proberts 3y ago
Very interesting but very case-specific questions which are hard to answer in writing unfortunately.
740.
by proberts 3y ago
No.
741.
by proberts 3y ago
Another very concrete example, during the Trump administration, USCIS revoked it's long standing policy of giving deference to previously approved H-1B petitions when adjudicating extension petitions with the same employer. This was a
742.
by proberts 3y ago
You're probably right!
743.
by proberts 3y ago
There's no issue from a naturalization standpoint with changing employers if AC21 applies. That's the whole point of AC21, facilitating job change. AC21 is easy, as long as the I-140 has been approved, the I-485 has been pending
744.
by proberts 3y ago
Very legit. The experience just needs to be professional and well-documented and the evaluation done by a reputable evaluation service.
745.
by proberts 3y ago
Not necessarily. There's no restriction on getting married in the U.S. The restriction is entering the U.S. as a visitor with the intent of getting married AND applying for a green card. But if this intent arises after entry, there ar
746.
by proberts 3y ago
The E-2 is a more check the box kind of visa while the O-1 is a good bit more subjective and really just tougher to get. The issue with the E-2 for new companies is that a substantial portion of the investment (a typic minimum investment i
747.
by proberts 3y ago
The short answer is no, they do not have to spend at least 6 months a year in the U.S. We have many clients whose parents essentially live in two countries. Certain easy steps just need to be taken in advance.
748.
by proberts 3y ago
Good question. Separate income streams are complicated. A concurrent part-time H-1B is sometimes an option for other employment. The problem with this specific situation is that a concurrent part-time H-1B would have to be structured, at
749.
by proberts 3y ago
Unfortunately, I don't see any significant changes and I only say that because fundamental change in U.S. immigration law, even in the best of political times, is rare.
750.
by proberts 3y ago
Hey. Probably the best way is to go to university in the U.S. on an F-1 visa. The challenge is the strict limitations on working when attending school but after you graduate, you will get 1-3 years of largely unrestricted work authorizatio

More ›