proberts

10 ms·

151.
by proberts 1y ago
I can only speak about immigration law and AI is changing it significantly. This might also change but right now I think a lawyer is still needed to understand the nuances of the law, to understand the risks of different approaches, and to
152.
by proberts 1y ago
That's exactly right, have two sticks in the fire.
153.
by proberts 1y ago
That the I-140 petition is an EB1A petition (which can also be filed by an individual) doesn't change the analysis. If the employer-filed I-140 petition was approved more than 180 days ago even if the I-485 has been pending for less t
154.
by proberts 1y ago
Recently I heard of an instance where CBP denied a TN application by an applicant with a CS degree for a software engineering position. While this is of course concerning, this has always been a potential issue - I've seen this happen
155.
by proberts 1y ago
There are specific visas available to those from a handful of countries (Australia, Canada, Chile, Mexico, and Singapore). The other options are the O-1, E-2, and E-1 visas. One important point is that while the E-2 and the E-1 visas allo
156.
by proberts 1y ago
You would continue to work for your H-1B cap-exempt employer but then get an H-1B through a private cap-subject employer that would allow you to work at the same time on a part-time basis.
157.
by proberts 1y ago
Unless you have an issue (that is, a criminal record, a history of immigration violations/fraud, or extended absences from the U.S. while a green card holder), it's an easy application and process and doesn't require assistan
158.
by proberts 1y ago
Yes, a year is a long time but evidence of having applied for a reentry permit in the form of a receipt notice is usually enough to reenter the U.S. without issue even with absences of more than 6 months.
159.
by proberts 1y ago
I can't comment on that but the issue here is what constitutes work and actively participating in YC doesn't even if this participation results in benefit to a company.
160.
by proberts 1y ago
That's incredibly rare by the way but next steps would depend on the reason for the denial.
161.
by proberts 1y ago
These questions should be addressed to YC. All I can say is that I have seen founders from just about every country around the world accepted into YC.
162.
by proberts 1y ago
Assuming that your wife is a U.S. citizen, you should be fine; the law forgives overstays and unauthorized employment for those pursuing green cards based on marriage to a U.S. citizen. Of course, I haven't reviewed your background but
163.
by proberts 1y ago
The O-1 is a high standard but it's less about overall achievement or standing (like the EB1A green card category) and more about meeting specific criteria, which many talented professionals and founders do. I would recommend reviewin
164.
by proberts 1y ago
The issue is that it's completely up to the company how it conducts its PERM recruitment and you can't have any say or role in this process. One option, to take control back, is to look at self-petition options, such as the NIW or
165.
by proberts 1y ago
Your green card process will have two steps, the I-140 filing and then the green card application, either in the U.S. with USCIS (known as an I-485 application) or outside the U.S. with a U.S. Consulate (known as an Immigrant Visa applicati
166.
by proberts 1y ago
Only that even with green card holders, we have seen instances where CBP is asking to see electronic devices and reviewing their social media accounts. But we haven't had a green card holding client detained or denied admission.
167.
by proberts 1y ago
Everyone has to weigh the pros and cons for themselves but I think that being well-informed is the best defense so to speak, that is, to know what one's rights are and what the law is, so I think these open forums play an important rol
168.
by proberts 1y ago
Thank you for the great questions and comments. I will be taking a brief break and will return shortly.
169.
by proberts 1y ago
The options will depend in part on this person's countries of citizenship and qualifications. There are a handful of citizenship-specific visa (the countries are Australia, Canada, Chile, Mexico, and Singapore), which usually are rela
170.
by proberts 1y ago
The L-1 is very easy through a large multinational company after a year of employment with that company outside the U.S. and is attainable although more difficult through a small multinational company. The other options are the E-2 (treaty
171.
by proberts 1y ago
These are unprecedented times where green card status and even citizenship can be taken away. I think that all that one can do is to know one's rights and have the name and number of a lawyer handy who can be contacted in the event th
172.
by proberts 1y ago
Yes, this is possible but it the petition has to be prepared the right way to avoid USCIS responding with a request for evidence saying that company C needs to go through the H-1B lottery before it can employ you.
173.
by proberts 1y ago
This is a very interesting question but too complex to answer in writing. Please email me and I can share the names of good immigration attorneys near you.
174.
by proberts 1y ago
There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you
175.
by proberts 1y ago
Your impending marriage doesn't change the answer and the answer is that naturalization applications are very easy and don't require the assistance of a lawyer unless there's an issue, specifically, a criminal record, a histo
176.
by proberts 1y ago
The analysis is nuanced and the answer (which can be Yes or No) depends on a variety factors, such as what "running" the company involves, whether there are multiple founders, what the corporate structure of the company is, whethe
177.
by proberts 1y ago
We handle a lot of E-3 visas and it's arguably the easiest U.S. work visa to get both from a company standpoint and an applicant/employee standpoint. The company requirements are minimal. For example, startups with limited or no
178.
by proberts 1y ago
Country of birth is the most important factor. Certain countries, most notably China and India, have significant backlogs and the process can take many years. For those not from a heavily backlogged country, the ways to speed up the green
179.
by proberts 1y ago
Correct. While there are some outliers, I think that that range is accurate.
180.
by proberts 1y ago
A distinction must be drawn between working during a startup program, which requires a work visa, and attending the program and not working. For the latter, there are several options, including, most commonly, the B-1 visa/status.

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