proberts

17 ms·

211.
by proberts 1y ago
If USCIS is paying attention, it will treat her departure as abandonment of her H-4 extension application. So it's important that she check her I-94 admission record to see when her current H-4 status expires and make sure that she dep
212.
by proberts 1y ago
The issue is whether a misrepresentation was material and whether it was done with the intent to mislead. I don't know the data because we're still early in this administration but a concern has been that the administration will i
213.
by proberts 1y ago
That depends on a number of factors, such as your activities/purpose when you are in the U.S. (whether these activities constitute "employment" and if so whether they are in line with your H-1B position and job duties), your
214.
by proberts 1y ago
If you want to try to take control back over this process (and your life), you probably need to file a mandamus action. This is essentially a demand that a government official execute his or her official duties. I don't handle mandamus
215.
by proberts 1y ago
"Sponsorship" is not a legal term but like an H-1B, it requires a job offer so it is not just an individual filing. Broadly, there are two ways to get a TN, one by applying with U.S. Customs and Border Protection with a letter fro
216.
by proberts 1y ago
Good afternoon. I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
217.
by proberts 1y ago
Doesn't matter since the EB1A requires a separate assessment that is not tied to the underlying status. But between the two, because of the inability to travel on an O-1 visa while in the last stage of the green card process, the H-1B
218.
by proberts 1y ago
Add thousands of immigration judges and CBP officers to improve the asylum process and improve the conditions of those going through the process, particularly children, do away with H-1B quotas, and do away with green card quotas and change
219.
by proberts 1y ago
We're starting to test the use AI to help us prepare initial drafts of documents.
220.
by proberts 1y ago
Really not at risk at all.
221.
by proberts 1y ago
I can't comment on that unfortunately.
222.
by proberts 1y ago
The fund would need to have been Dutch-owned for its investment to count for E-2 purposes.
223.
by proberts 1y ago
Essentially disruption here means significant financial impact.
224.
by proberts 1y ago
If the company is paying attention and knows what it's doing, then the interim B-2 status of a candidate shouldn't matter; at worst, it just means that the candidate might have to depart and reenter to activate his or her H-1B sta
225.
by proberts 1y ago
For the most part, O-1 filings for the founders or employees of startups are no more difficult than the O-1 filings for employees of established/large companies; the main issue is "distinguished reputation" (a component of on
226.
by proberts 1y ago
From my limited perspective, No although I have clients who have decided not to open operations in the U.S. and/or transfer employees to the U.S. because of the political situation.
227.
by proberts 1y ago
The task is to find another type of work visa, which would require departure at some point but this could be to countries other than Ukraine. For most Ukrainians, the visa options are going to limited to the regular H-1B, the cap-exempt H-1
228.
by proberts 1y ago
Almost certainly, even if you did overstay, it's not an issue but for peace of mind, you should speak with an attorney because it sounds like you didn't overstay in a way that would have impacted your H-1B, green card, or citizens
229.
by proberts 1y ago
No, they still should travel. But they should consult with their company's immigration lawyer regarding the documents they should carry when they travel.
230.
by proberts 1y ago
Yes, there could be a way to get an H-1B through your own company; the rules around this have relaxed recently.
231.
by proberts 1y ago
Yes, I think that Nexus is great.
232.
by proberts 1y ago
It's super easy (the form is N-400 and instructions are on the USCIS website) and doesn't require the assistance of an attorney unless the applicant has a criminal record or has been outside the U.S. for extended periods of time w
233.
by proberts 1y ago
I don't have a list, unfortunately (and further I wouldn't be able to disclose names because of client confidentiality requirements).
234.
by proberts 1y ago
No real insights other than that the slow-down that was feared hasn't materialized.
235.
by proberts 1y ago
There's a lot more flexibility in the TN context than in the H-1B context so generally it's not an issue to get an inline promotion as long as the core job duties remain the same as or similar to the job duties in the initial appl
236.
by proberts 1y ago
There are backlogs in this category so the process is slow but once the sponsoring green card spouse becomes a U.S. citizen, the process is fast.
237.
by proberts 1y ago
Yes, what you propose is very doable.
238.
by proberts 1y ago
Broadly, an E-3 visa holder can pursue a green card and we sponsor a lot but there are potential issues, most notably, when seeking to renew an E-3 visa while in the green card process. Alternatives to the PERM (labor market test) based gre
239.
by proberts 1y ago
Yes, there is a good chance that the applicant would have an issue getting a non-dual intent visa, such as a B, F, or J visa.
240.
by proberts 1y ago
That's correct, it could take at least 10 years through sibling sponsorship. The E-2 visa isn't available to everyone, it depends on the individual's country of citizenship, but if it was available to him, then an investment

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