proberts

43 ms·

901.
by proberts 5y ago
Again, there's no connection between one's underlying status - whether E-2 or H-1B or L-1 - and one's green card options. Someone in E-2 status can apply for a green card. There's even an immigration form specific to tho
902.
by proberts 5y ago
We would need to talk but I evaluate this question - what can I do on the side - by looking at the extremes first to set the parameters. So, for example, ideating or building a product in your garage is clearly fine and getting paid cash fo
903.
by proberts 5y ago
A bachelor's degree in a related field based on an evaluation of education and experience can work in the H-1B context but is not acceptable in the TN context where a bachelor's degree is required.
904.
by proberts 5y ago
It depends on how the H-1B petition was filed. I suspect that it was filed not with a request for change of status but with a request for consular notification which means that after you get the waiver you will need to leave the US and appl
905.
by proberts 5y ago
A lot of people in AI/ML obtain O-1s and the standard isn't as high as the black letter regulations suggest. And it isn't so much about demonstrating great achievement as checking 3 of the O-1 boxes. So, for example, a public
906.
by proberts 5y ago
I know that USCIS is looking to fix this by staffing up the NSC and reallocating cases.
907.
by proberts 5y ago
When you say remote, you mean remote in the US, right, such as working from home? You definitely can be PERM sponsored as a remote employee under these circumstances.
908.
by proberts 5y ago
Because the ultimate legal issue is not whether one was convicted but whether one committed acts that would be considered criminal and so one could be arrested and not convicted or not even arrested at all but the record shows - or they ina
909.
by proberts 5y ago
Interesting question. I'll give that some thought and get back to you. What would you do?
910.
by proberts 5y ago
I haven't seen that and I've seen very close contractual relationships between Canadian contractors and US companies but unfortunately because this concerns Canadian law, I can't comment.
911.
by proberts 5y ago
Possibly. The issue is going to be your ownership and control of the entity which almost certainly will result in a request for evidence. But you can structure the company in a certain way - independent board of directors, etc. - to minim
912.
by proberts 5y ago
I don't think so, you just need to document that the money is yours; we've had other clients rely on similar funds without issue.
913.
by proberts 5y ago
Unfortunately I'm not up on that information.
914.
by proberts 5y ago
Eventually yes thankfully but USCIS needs to issue guidance first and amend the I-94.
915.
by proberts 5y ago
Generally speaking, getting another attorney involved doesn't help because the company likely won't be open to outside advice/involvement.
916.
by proberts 5y ago
Actually, that's not correct. There's no connection between underlying status and green card options. The connection is coincidental, not causal. An E-2 can apply for a green card. He or she just will be grounded for a period
917.
by proberts 5y ago
Yes but he or she needs to be very careful because he or she likely will be scrutinized and questioned aggressively by CBP when traveling back to the US.
918.
by proberts 5y ago
That's pretty funny. Sometimes I feel that way.
919.
by proberts 5y ago
That I don't know. You would need to consult with a corporate/tax accountant or lawyer.
920.
by proberts 5y ago
Thanks Peter. It's good to hear from you again.
921.
by proberts 5y ago
If she's married to a US citizen for at least 3 years after getting her green card, she can apply then; otherwise, it's 5 years.
922.
by proberts 5y ago
There are no explicit rules but typically school records, employment records, and housing records and letters from people who know and/or lived with you.
923.
by proberts 5y ago
For foreign national spouses already in the US, the green card process really isn't bad and seems to be getting better. The problems are with sponsoring a spouse who is outside the US. That process - the NVC/immigrant visa proce
924.
by proberts 5y ago
I'm still seeing about 6 months for both the PW determination and the PERM review but the processing times seem to be increasing slowly.
925.
by proberts 5y ago
The lines are grey but really as long as you don't get compensated in any way you should be fine. It's less about incorporating the entity and more about getting compensated. Just make sure to consult with someone before you inco
926.
by proberts 5y ago
Unfortunately you need to be an employee of the foreign company (for at least one year) not a contractor/freelancer to qualify for an L-1 visa.
927.
by proberts 5y ago
It's complicated because of the general prohibition against H-1B self-sponsorship/self-employment so I would recommend that you both consult an attorney before establishing the entity.
928.
by proberts 5y ago
The US-based marriage green card process is really easy and straightforward and the processing time seems to be improving. It's easy enough that you really could handle on your own but because you are in TN status, I would recommend t
929.
by proberts 5y ago
Really with AC21 allowing those in the green card process to change jobs and "port" their green card applications to a new company, there's just no issue with changing jobs soon after getting a green card.
930.
by proberts 5y ago
It's really hard to say because there's such a massive backlog and bottleneck but there's no prohibition against holding both US and Canadian citizenship.

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