I've received my green card through my sponsor company 2 months ago. (It's a highly reputable fortune 100 company and I am building their core web product)

And I have a project that's getting traction and really want to leave the company and commit full time to it.

But everything on the web says I need to wait at least 6 months before leaving the company after I receive green card, otherwise they can kick me out for fraud when I apply for citizenship later. But some people also say this is just a myth.

So the question: Is this true and I am stuck with this company for next 4 months even though I really want to go full time on my project? Any ways to get around this? Thanks!

p.s. I know this is not a type of question that you may be interested in answering since it's a minority case, but I would really appreciate at least a one line comment on what you think (or even saying it's not something you can answer). It looks like it's not just me, at least 6 people are interested so far, we will all be grateful to hear from you!

Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?

I don't have citizenship yet, I have the GC right now. I needed to provide documentation regarding the company like business model, certificate of incorporation, bank statements and financial situation.

Was there anything you had to document in order to prove your intent? Also did you end up getting the citizenship without any setbacks?

"No, you are not stuck at all. As long as your intent - and the intent of your employer - at the time that your green card application was filed was to work for the company in the sponsored position, you can leave at any time after getting your green card."

- How many of the 10 criteria must you actually satisfy? Is it a binary decision, i.e. proving 3/10 is the same as is the same as satisfying all 10. Is a positive decision 100% guaranteed is at least 3 criteria are proved satisfactorily?

- What is the standard of proof?

- When would my obligation to complete a IRS tax return begin, i.e. is it when the consulate adds an MRIV I-551 to my passport, when I arrive in the US an immigrant and CBP endorses it, or another time. This might impact when I would apply.

- How long would the EB-1A process take, how long does it take for a permanent resident to sponsor a spouse, can these applications happen concurrently, and are both categories current?

- What are the indicative costs?

- it can be enough if one meets 3 of the criteria but even if one meets 3 criteria there's an additional subjective requirement of extraordinary ability but in my experience, if one clearly meets 3, his or her application will be approved

- the legal standard is a preponderance of the evidence but the actual standard as applied is pretty inconsistent and can seem arbitrary but even with this, in my experience, if the case is strong, it's rare that an application isn't approved.

- sorry but I can't answer tax related questions

- the EB1A category is current for all nationalities and at present the entire process (which can include the spouse) can take as little as 3 months and as long as 8 months (excluding RFEs)

- see response to previous text but the range can be wide, on average $5,000 to $15,000

I've dealt with tax issues between GB and US. Long story short - it's hairy...get some professional advice.

-It's not binary. The more high-quality evidence you provide, in more categories, the "bigger" you look, and the better your chances of success.

-It's not 100% guaranteed if you meet the minimum 3, because the adjudication is very subjective. Your aim is to create an overall impression of achievement, recognition, prominence, and impact on your field - and to do that within their 8 narrow, arbitrary evidence categories.

-While more categories generally are better, it will hurt the case to throw in low-quality evidence (i.e., employee-of-the-month awards, hyperlocal news stories) just to add another category. Basically bad evidence makes you look small, which is the opposite of what you want.

-You can start right away, compiling evidence of the cool work you're doing, plus its impact on your field and how it makes peoples' lives better. Get some media coverage. Enter some contests. Judge some contests. Write some articles.

HTH clarify a bit.

I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.

There is benefit in waiting, but companies will be planning for the worst-case scenarios.

I appreciate it's an emotional feeling but it's how I, and others I've spoken to, feel.

We are seriously considering between the US, Canada, Ireland (she's Irish by birth) and Scotland (in anticipation of it leaving the UK and joining the EU).

Thanks for taking the time out to answer questions!

I am from India and am in US on H1B with gc process underway in EB2 category. I (along with a fellow friend) have been thinking of doing something on our own but are always discouraged by the immigration process. If we were to start something on our own, what are our options? H1b where you have a majority stake seems to not be an option. Is there an alternate way to do this?

I don't seem to satisfy requirements for O1.

So would something like this work?

Owner 1 (<50% ownership, say 49%) on H1b

Owner 2 (<50% ownership, say 49%) on H1b

Investor 1,2 (>0% ownership, say 2%)

(I understand that things vary from case to case but trying to get general idea here)

Get an angel check. One share in a billion leaves neither cofounder with a controlling interest.

For what it's worth, I recommend giving more like 2% for a sole angel, assuming their contribution runs little further than satisfying this control problem. But technically speaking, whatever somebody agrees to should solve the control problem.

Because failure is not an option. If then, `he` will have to find another job in 10 days or leave the country.

I'm a Canadian citizen with a four year computer science degree. I've gotten a TN work permit twice, with two different companies over the past three years.

If I started a company with an American citizen and they opened it up, could they then hire me as a Computer System Analyst? Is there a minimum salary they'd have to pay me (e.g. could I get a TN and still only get paid $10/hour)? Is this a common way for Canadian co-founders to enter the United States or is there a better route?

I don't know about jameshush, but most people don't have that level of disposable assets lying around that they can just expend on a business venture.

Also, FYI, you cannot get $500k of investment and qualify for the EB-5 visa. The $500k has to be your own money.

A successful petition tells the adjudicator the STORY of your rise to success. It's basically a narrated guide to the high-quality evidence you've provided in at least 3, preferably 4 or 5, categories: contributions, awards, media coverage, judging, authorship, etc.

The adjudication is subjective, but there's definitely a formula you can follow to maximize your chances of approval.

1. Continue seeking media coverage, the more prestigious the better.

2. Document the specific impacts your product has in making the world a better place. How has it made a dent in the universe? Factual evidence of specific, industry-wide impacts can really skyrocket your chances of success.

These impacts are hard for many applicants to explain and document, so if you can do it, it will really make your petition stand out.

3. Enter some competitions and win some awards (including, but not limited to, funding, admission to prestigious accelerators, etc.).

4. Judge some competitions or submissions: Hackathons, pitch competitions, applications for funding, peer review, anything in your industry.

5. Write and publish some articles, either on technical topics in your industry (better), or general-interest media articles and blog posts (good).

6. If you're making money, think about how to frame your compensation as higher than the norm in your industry. You have to prove, not only that you have high compensation, but that others similarly placed have lower compensation. There are a number of ways to present this, so it's good to start thinking about how to show a "pyramid."

HTH.

Interestingly, the O-1 and EB-11 categories don't consider US labor issues at all, the way that other categories do. For example, the number of US jobs you create isn't relevant, except as evidence of your success. Neither is the question of whether you're in a shortage occupation, or whether an American is available to fill the position.

I know of several people who went the O1 route and basically the process was this:

- A job offer with a "high" salary (basically it seemed anything over 100k would do the trick)

- Judged a hackathon

- "News" coverage of the hackathon

Then a big check to the immigration attorney who wrap it up in a bunch of legalese and send it off to the immigration officials who don't have enough knowledge or insight to question any of it.

Adjudicators see these cases all day long. They aren't fooled, and they won't approve them.

You can really make your adjudicator's day - and secure a quick approval - with an organized, nicely presented, high-quality evidence package, that's tied together with a compelling narrative.

I'd focus on showing how your work is new and cool, how it makes an impact on the world, and what acclaim you've gotten (media coverage, awards) for doing it.

HTH

Basically if you have something like a Nobel price or a Turing award, you don't need anything else to get the O1 (and probably the green card). If you're like most people and don't have this kind of award, you still have a shot but you need to gather as much evidence as possible. From what my attorney told me at the time, weight matters.

That includes, for science:

- publications

- recommendation letters (preferably a blend from business, research and politicians)

- awards (even things like "the best paper" of a small conference with only 30 papers from local researchers)

- interviews

- be a member of an association only open to certain persons (for example with a Ph.D. you qualify for IEEE membership, and they will deliver a good-looking membership certificate)

So having a Ph.D is not enough, but if are a decently successful researcher and have a good network for the recommendation letters (or your future employer), you can get it without being of Turing award level.

The "extraordinary ability" is applicable also for athletics or business, but I don't know much about those.

Unless something has changed very recently, you do not have to have a Ph.D. to be an IEEE member.

Source: long-time IEEE member without a Ph.D.

Preface: The "membership in associations that require outstanding achievement" category is, interestingly, one of the hardest to satisfy. Adjudicators are trained to focus on minute details of the organization's criteria for membership, and the extent to which they're governed by "recognized experts" in the field.

This has resulted in some incredible nit-picking by USCIS about how "outstanding" you have to be, to qualify for membership, and who chooses you.

In general, organizations that require only a degree (even an advanced degree), or the payment of dues, don't meet the criterion.

However, the IEEE is an interesting case study, because it has multiple levels of membership. http://www.ieee.org/membership_services/membership/qualifica...

The highest tier, "Fellow," "recognizes unusual distinction in the profession and is conferred only by invitation of the Board of Directors upon a person with an extraordinary record of accomplishments in any of IEEE’s designated fields of interest."

THAT is exactly what USCIS is looking for, and it definitely meets the criterion.

The second tier, "Senior Member," "is the highest for which application may be made and requires experience reflecting professional maturity." This level requires that "the candidate shall have been in professional practice for at least ten years and shall have shown significant performance over a period of at least five of those years, such performance including one or more of the following: [list of major professional accomplishments]."

I'd argue that this "Senior Member" tier is also an "exclusive membership," because of all the ways it requires "outstanding achievement" of its members at this level.

All the other levels of IEEE membership are non-exclusive, and I wouldn't bother including them, as they would weaken your case.

Listening to him talk about it really did feel like he was cheating the system.

I see it as independent from the studies level, but I see both of them as important points. So I'll include this competition (and others), my degree in Spain+Japan and the community I founded at my University ( http://makersupv.com/ ).

The NASA award is definitely strong enough to build a case around, if you file in the next year or two, so that the evidence is not stale.

The Makers UPV website is very cool. With proper documentation it could be counted as an "original contribution of major significance." It would be good to start collecting specific examples of its impact on the field, how it's helped people, and what it has created, that was not there before.

In general, other student-level accomplishments aren't considered O-1 caliber. Phi Beta Kappa, academic awards, student papers, etc. are considered by USCIS to be at a preparatory or entry level. They are best omitted, as they will weaken your case and make you look small.

Instead, I would focus on your substantive accomplishments - things that you have made, and how they have helped people, or made an impact on the world.

Also consider seeking some media coverage for your stuff in tech publications or general-interest media.

Write some papers, or do some podcasts or videos, that showcase your work and show its practical applications.

BY FAR the biggest O-1 challenge faced by makers, engineers, and developers, is explaining what you did, and why it's cool, in language that a 7-year-old can grasp and understand right away.

When your O-1 application hits the adjudicator's desk, you will have 5 to 15 minutes to make your case. He doesn't have a clue about JS or Angular. It's very difficult to explain why your work is new and different and cutting-edge, when you have such a limited window to explain it. Yet that - plus your evidence - is THE key to O-1 success.

My best advice: Practice on your grandma. Or your artist friend. Or your GF. Explain it, and explain it, and explain it again. Just bore the crap out of them, until they finally say, OH, I get it! That's so cool!

TL;DR, but hope you can use this in the future. Best of luck.

I'm unsettled by the brexit, and am considering a US move - if my company's parent wants to take me on how difficult is the immigration process likely to be?

EDIT: Updated question.

http://eliasbizannes.com/blog/2012/07/how-to-become-a-full-t...

https://geoffmcqueen.com/2011/09/28/e-3-visa-for-australians...

Essentially, you elect a board that hires (and, importantly, can fire) you.

2) The E-3 visa application requires filing you file a Labor Condition Application (LCA) attesting that you will be paid at least the prevailing wage for the job title -- i.e. you must be making at least as much as other Americans make doing the same job.

I live in Central America, I have been working as a remote worker for US-based companies for around 5 years now, the past 1.5 years working for a company on Seattle, I haven't signed any formal work-contract but my current employer is willing to help me to obtain a VISA to inmigrate to the US (I only have a tourist VISA right now).

I'm also in the way to co-found a company with my employer as partner, I will get 16% of ownership over it.

What are my best options to move to the US?

May I still apply to an H1B visa despite not having a formal work-contral? (the payments records, Skype logs and emails are the only proof I have)

At the very least it seems like they should have recorded your employment for tax purposes. Even if you aren't obliged to pay any taxes to the US government, there must be some bare minimum for accounting purposes and internal audit controls.

Of course, I am neither a lawyer nor experienced in administrating the employment of foreign nationals

The company that I currently work for has offered to start processing my GC, but only under an EB3. I have a masters degree in computer science from an American University, (and I have about 4 years of work experience) so I am technically eligible for an EB2 (and since I am from India, EB2 vs EB3 makes a big difference).

My question is, if I go ahead with the processing, Once I have my I-140 and priority date, would it be possible for me to switch jobs keeping the same priority date? If I move to a company with the means (and willingness) to file for a GC under EB2, would they be able to keep the same priority date?

Just trying to understand if this is something worth fighting for? Or if I should just accept the EB3 filing, get my I-140 and eventually move to a company that will re-file it under EB2?

Thank you very much for doing this! I have two questions about Canadian citizens looking for jobs in America. Possibly, looking to immigrate to Americain the future. Also, If possible getting double/triple citizenship.

Let's pretend you are a Canadian citizen, recently graduated from computing science, that is currently living in Alberta, Canada. What is the best way to get a job in America? Should I apply for a visa as well or should they offer a visa sponsorship?

Then, let's say I get hired. What's the best way to get an American citizenship with the goal of maintaining my Canadian citizenship? I was originally born in the Philippines; would it be wise to get three citizenships (America/Canada/Philippines)?

In short, apply to jobs in the states and once you have an offer you can think about getting a visa. You don't need to worry about three citizenships. That is a long long process. The real challenge is finding a job.

Being a Canadian, the Toronto/Waterloo region as a multitude of job openings right now for CompSci grads.

- You can go from TN to EB3; it just gets hairy for the period of time that your AOS is being evaluated. I was going through the process when my H1-B got approved and switched to that. There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS gets filed until you get your EAD and AP or GC, whichever comes first.

- Green card will not take 8 years unless you were born in India, China, or the Philippines. EB-3 priority date for rest of world is March 2016, and it takes longer than 3 months to get PERM approved, so by the time it gets approved it would be current. After that, it takes about 6-9 months to get the AOS approved (and you usually get your EAD/AP a little earlier).

What if you have a Canadian citizenship? Is it still 8 years?

>There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS

So, when I first get my TN visa, I cannot leave the country without any of those papers? How long does my first TN visa last and if that expires I have to wait for 60 days before I get a new one?

Your visa will initially be valid for 3 years. It can be extended a few times. Ideally you'd have at least a year left on your current visa when submitting the AOS application since you cannot reenter on TN once that happens.

Disclaimer: I'm not a lawyer, I'm going through the process now and using time spans quoted by my lawyers and my own research.

Most of the companies would ask something along the lines of are you allowed to work in America. For this question, am I allowed to say, "yes I am". Given, I do not have a TN visa yet?

For the question "Do you require sponsorship" you can answer NO.

This is ok as long as your are TN visa eligible.

Thank you.

Regarding side projects for money, I'll copy my answer I gave elsewhere[0]:

You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibited while you are on a visa. With a green card or U.S. citizenship, you have the freedom to sell apps, have income-generating side projects, etc.

Companies are required to report any income you earn while you are in the US. If you make money selling apps, Google/Apple is required to tell the U.S. government about the money you make on the App Store income (primarily for tax purposes).[1] The tax people (the IRS, Income Revenue Service) share income data with the immigration agency. The immigration agency checks to make sure you only got money from the company your visa allows you to work for. If the immigration agency finds out you have income from other sources (app store), they will deport you, and you will effectively be banned. See: http://www.murthy.com/2014/01/28/home-based-businesses-inadv...

If you look at the link above, you'll see a lot of people have inadvertently screwed over by having non-authorized income. An extreme example from the link above are multi-level marketing companies. For example, you recommend your friend that he/she buys some product. Your friend buys it, and for the referral, the company gives you a tiny amount of money (e.g. $5) You could get deported and banned because of this. Because it is considered income, and all income not from your job associated with your visa is completely prohibited.

----

Now you might be wondering if you can set up your company and receive income from the App Store in another country, and have it deposited to your foreign bank account. You might be thinking that if you do that, your income likely won't be reported to the US government, and you won't get caught and get deported.

The problem with that is that by having un-reported income in another country (from the App Store) you are breaking two sets of laws: (1) tax laws, (2) immigration laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total worldwide income -- income that you make in every country. Even on the interest you receive in a bank account in a foreign country. If you do not report your non-U.S. income, you break tax law. The punishment for breaking tax laws is severe. In addition to being deported and banned, they can take money out of your bank account, seize your property (your house, your car, etc) to pay for the unpaid taxes + the severe fines for hiding and not paying taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa holders from doing any kind of productive work outside their H-1B/other-visa job. Even repairing your own house by yourself, if it involves a lot of work, is illegal for a visa holder. You have to hire a U.S. worker to repair your house. Foreign income for remote work is prohibited. Working on your own app and making money selling it is prohibited.

----

[1] I don't know if you are in the U.S. -- so just to clarify: everyone in the U.S. who has permission to work (citizens, LPRs, H-1B/L-1/etc visa holders) is issued a Social Security Number ("SSN"). This number is used to report any income you earn to the government. You have to provide this number to receive income from any company in the US. If you try to set up a U.S. Google App Store account, they will ask for your SSN. Your SSN is used to report your income to the government, and as a general universal personal identification number.

[0] https://news.ycombinator.com/item?id=11974074

What is the likelihood that someone is deported within a 5-10 year period for having an app on the iOS/Android stores, provided that app isn't like a huge company? (eg. < $50k annual revenue)

I ask specifically because its silly for the US to have those restrictions. We (I) want people like this to join our economy!

How can I help?

I have heard different answers to this from different people. Can I earn income from apps on apple store/android etc. if I am on a work permit in the USA? Does it matter if the app was initially launched when I was in India (my home country) or after I moved here?

Thanks!

Companies are required to report any income you earn while you are in the US. If you make money selling apps, Google/Apple is required to tell the U.S. government about the money you make on the App Store income (primarily for tax purposes).[1] The tax people (the IRS, Income Revenue Service) share income data with the immigration agency. The immigration agency checks to make sure you only got money from the company your visa allows you to work for. If the immigration agency finds out you have income from other sources (app store), they will deport you, and you will effectively be banned. See: http://www.murthy.com/2014/01/28/home-based-businesses-inadv...

If you look at the link above, you'll see a lot of people have inadvertently screwed over by having non-authorized income. An extreme example from the link above are multi-level marketing companies. For example, you recommend your friend that he/she buys some product. Your friend buys it, and for the referral, the company gives you a tiny amount of money (e.g. $5) You could get deported and banned because of this. Because it is considered income, and all income not from your job associated with your visa is completely prohibited.

----

Now you might be wondering if you can set up your company and receive income from the App Store in India, and have it deposited to your Indian bank account. You might be thinking that if you do that, your income likely won't be reported to the US government, and you won't get caught and get deported.

The problem with that is that by having un-reported income in India (from the App Store) you are breaking two sets of laws: (1) tax laws, (2) immigration laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total worldwide income -- income that you make in every country. Even on the interest you receive in a bank account in a foreign country. If you do not report your non-U.S. income, you break tax law. The punishment for breaking tax laws is severe. In addition to being deported and banned, they can take money out of your bank account, seize your property (your house, your car, etc) to pay for the unpaid taxes + the severe fines for hiding and not paying taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa holders from doing any kind of productive work outside their H-1B/other-visa job. Even repairing your own house by yourself, if it involves a lot of work, is illegal for a visa holder. You have to hire a U.S. worker to repair your house. Foreign income for remote work is prohibited. Working on your own app and making money selling it is prohibited.

----

[1] I don't know if you are in the U.S. -- so just to clarify: everyone in the U.S. who has permission to work (citizens, LPRs, H-1B/L-1/etc visa holders) is issued a Social Security Number ("SSN"). This number is used to report any income you earn to the government. You have to provide this number to receive income from any company in the US. If you try to set up a U.S. Google App Store account, they will ask for your SSN. Your SSN is used to report your income to the government, and as a general universal personal identification number.

What is prohibited is working[1], not income[2] per se.

You have to report rental income when you file your U.S. taxes. Work visa holders are allowed to have rental income, but that income has to be passive. I can buy a house in the US, and rent it out, but I cannot manage the property -- I have to hire a property manager. If a pipe breaks in the house, I am not allowed to fix that pipe myself -- I must pay a U.S. citizen or green card holder to fix it.

The same rules apply for apps and other sources of passive income. If you do zero work on your app while you are in the U.S. (not make any updates to it, etc), you might be able to pass it off as "passive income". But like kspaans you absolutely need to hire a lawyer.

[1] Working for free is illegal as well. If you do something that is normally paid, for free, you will get deported and banned. (As some foreign students who do this for experience sadly find out.)

[2] Having any income reported to the U.S. government with your Social Security Number (SSN) by any company that is not your visa-sponsoring company puts you on a road to getting deported and banned.

Whoa, wait a second. What about open-source contributions? Are they banned as well? Open-source work can be, but is not "normally" paid though.

Quoting from http://www.cilawgroup.com/news/2013/10/15/unpaid-volunteer-w... :

"As a general rule of thumb, one should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay."

Edit to add: As a US citizen you are required to pay taxes on worldwide income even while not living in the US. As a US tax resident, you are required to pay taxes on worldwide income only as long as you remain a US tax resident, i.e. you file a US tax return.

What about side projects that you're not earning money on? What if they are later used for a startup once you have a greencard? What if they are published for free on some sort of market place?

Again, thanks a lot!

I think that I'm pretty good but and have a pretty interesting CV probably not "extraordinary".

What are the chances of me working in the USA? Does it really nullify my chances?

I have been working since I was 17 in jobs related and then very specific to programming, I'm 28 now.

I also have a uruguayan and spanish/european nationality, which would be better for an application?

1) What are the possibilities and timeline for applying to EB-2 while holding E-2 with majority interest in the startup? (I have a Masters in CS from a major US research university. It seems to be a challenge to qualify for EB-1 within the next 2 years, but NIW looks quite possible to me.)

A major reason for the plan is that E-2 treaty with my country limits the period of travel out and back into the US to 6 months after the visa approval. After 6 months, it appears that I will need to renew the visa every time I wish to come back to the US, which would be a major time sink.

2) Would EB-2 give its holders complete freedom to travel back to the States without issues and to stay as long as they wish?

3) Are EB-2 holders required to maintain employment with the original employer?

If you have time: I would strongly consider to become a US citizen after receiving an EB-2. What is the typical timeline and conditions to transfer from EB-2 to US citizenship?

Greatly appreciate it.

After five years uninterrupted residence in the USA on a green card you can naturalise as a citizen.

1st: I’d love to stay in the US as a “digital nomad” for some months. I’d have to work on my own projects and maybe on some client ones while doing this (all of them outside the US). Which kind of VISA would I need?

2nd: Are there any chances to get a work permit if you don’t own a University degree? (Eg. starting my own company in the US?)

Thank you!

"A recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa."

Under current CBP regulations, it seems that the current policy is to allow people to enter the country under TN status even if they have a pending green card application.

Also be cognizant of http://www.hooyou.com/tn/limitations.html :

"...a pending or approved employment based immigrant petition (Form I-140) or family based immigration petition (I-130) does NOT impute immigrant intent. The TN alien is eligible for TN extensions & to be admitted as a TN alien until the adjustment of status application (Form I-485) is filed or the applicant applies for the immigrant visa. While other types of status holders (such as H-1, L-1 or O-1) may apply for Adjustment of Status (AOS) as soon as they wish once entering the country, those of TN status have at least a 30 to 60 day waiting period upon entering the United States before they may apply for AOS. Any applications before this waiting period is over will be considered an attempt to gain fraudulent entry by the USCIS. Additionally, the U.S. consulate may deny a TN visa application if the alien has previous applied for an immigration petition or AOS. Those on TN status who wish to file an I-140 immigration petition should not travel outside of the country because they will encounter issues upon their re-entry. If an alien on TN status has an approved I-140 petition and is currently waiting on their AOS petition to be approved, they must be sure to apply for Advanced Parole to travel outside of the country. For more information on AOS, please click Adjustment of Status."

These are Executive Branch regulations and can change easily unlike the fairly set-in-stone congressional statutes, so it's best to keep up to date on what the current state of affairs is.

It's best to hire a good immigration lawyer and ask them how to proceed.

You can apply for a green card while on TN. While your application is pending, there is no problem. If you apply for advance parole, there should be no problem leaving and re-entering the country. If the application is approved, well, you are on your way to a green card. However, if your application is declined for any reason, you have a problem. You've shown immigrant intent by applying for the green card and that is incompatible with your TN status. For this reason (the possibility of being declined), it is typical to convert to H1-B first. Because H1-B allows "dual-intent," it remains valid even if you're green card application fails.

TLDR: you can apply for a green card while on a TN, but it is risky if you're application gets declined.

Your current employer should hopefully be willing to sponsor you for a H1-B and ultimately a green card. If not, you might wonder why not.

OTOH, I don't think they actively seek you out to revoke your TN status, but it would make border crossings pretty much a non-starter.

All this is remembered from when I was on a TN status from Canada ~5 years ago.

You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibited while you are on a visa. With a green card or U.S. citizenship, you have the freedom to sell apps, write books, etc.

Companies are required to report any income you earn while you are in the US. If you make money selling apps, Google/Apple is required to tell the U.S. government about the money you make on the App Store income (primarily for tax purposes).[1] The tax people (the IRS, Income Revenue Service) share income data with the immigration agency. The immigration agency checks to make sure you only got money from the company your visa allows you to work for. If the immigration agency finds out you have income from other sources (app store), they will deport you, and you will effectively be banned. See: http://www.murthy.com/2014/01/28/home-based-businesses-inadv...

If you look at the link above, you'll see a lot of people have inadvertently screwed over by having non-authorized income. An extreme example from the link above are multi-level marketing companies. For example, you recommend your friend that he/she buys some product. Your friend buys it, and for the referral, the company gives you a tiny amount of money (e.g. $5) You could get deported and banned because of this. Because it is considered income, and all income not from your job associated with your visa is completely prohibited.

----

Now you might be wondering if you can set up your company and receive income from the App Store in another country, and have it deposited to your foreign bank account. You might be thinking that if you do that, your income likely won't be reported to the US government, and you won't get caught and get deported.

The problem with that is that by having un-reported income in another country (from the App Store) you are breaking two sets of laws: (1) tax laws, (2) immigration laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total worldwide income -- income that you make in every country. Even on the interest you receive in a bank account in a foreign country. If you do not report your non-U.S. income, you break tax law. The punishment for breaking tax laws is severe. In addition to being deported and banned, they can take money out of your bank account, seize your property (your house, your car, etc) to pay for the unpaid taxes + the severe fines for hiding and not paying taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa holders from doing any kind of productive work outside their H-1B/other-visa job. Even repairing your own house by yourself, if it involves a lot of work, is illegal for a visa holder. You have to hire a U.S. worker to repair your house. Foreign income for remote work is prohibited. Working on your own app and making money selling it is prohibited.

[1] https://news.ycombinator.com/item?id=11974074

I'm moving with my company (large Washington-headquartered tech firm) from London to California. They're applying for an L1B specialized knowledge visa as a blanket application. What sorts of reasons are people rejected for L1s? I'm very nervous I'll be turned down as I've heard horror stories about USCIS. Does it being blanket improve my chances? What % of people are turned down? I married an American a few years ago and was intending to move to the US to be together but it didn't end up working out - I don't think the paperwork ever got sent in the end. Would something like this impact my chances? I'm probably worrying unnecessarily. I'm 26, worked at the company for just over a year and have worked for a couple of other large tech firms in London before that.

Thanks

My first question is how much time it takes to get green card through employment for someone who's not from India or China.

My second question is, does it make any difference to complete my MS before starting the process, or it doesn't change the approval chance and/or delay at all? (MS is from a middle eastern uni, not US)

-- Here is a bit background about me: applied H1-B 3 times, didn't get selected. Now the company that applied for H-1B for me is preparing to apply for GC for me next month. I have a BS in CS and 3 years of experience, and almost done with a MS degree outside the US, just need to complete my thesis.

Thanks a lot again!

Thanks for doing this! I am currently looking at a unique situation, so I'm not sure if you would know about this. All I'm asking is if you would know anything from your experience.

I'm an h1b visa holder from India and I recently got arrested and charged with a DUI. After talking to my lawyer, he looked at the evidence (videos, breathalyzer tests) and says its basically a 50% chance at a trial. So I'm looking at a plea bargain. How would this affect my immigration prospects? The DUI itself was my first one and it was a simple DUI, i.e. noone else was harmed or injured.

Thanks

If I am a UK contractor with my own Limited company, what visa - if any, do I need to be able to do a 6-month contract in the US?

Thank you.

It's also relatively hard to get. You'll need the help of an immigration law firm to prepare the documentation needed to apply for the visa. The application process alone could take 6 months.

Also, just FYI: coming here as a visitor (on VWP/ESTA or the B-2 visa), then working (or doing a contract) here without permission would be violation of U.S. immigration laws, and can get you deported and effectively banned.

First of all, thank you very much for doing this.

My questions are about the USA Diversity Lottery (https://www.dvlottery.state.gov/), as I rarely see any discussions about it:

- Out of all the people you have seen who obtained a green card, roughly what is the percentage of them getting it through the lottery?

- Roughly how much time and money would the process cost? (I would assume it's similar to the ~2-4 years and ~$15K that a regular green card application cost?)

- Any other general comments you have about the lottery?

Thank you.

[1]: https://travel.state.gov/content/visas/en/immigrate/diversit...

Background: The new 24 month STEM OPT Extension [1] (effective from May 10, 2016) which requires employers to fill I-983 [2] (Lengthy Training Plan) has created additional barrier for foreign students intending to start/work with startup companies on STEM OPT Extension (which earlier was for 17 months with less regulations). Being an F-1 student myself I can say that, these regulations could certainly influence more potential F-1 entrepreneurs down the "job seeking" path as opposed to "job creation/entrepreneurship" path because it is much easier for bigger companies with resources to satisfy the USCIS training plan requirements/I-983 as opposed to newly born companies.

[1] https://www.uscis.gov/working-united-states/students-and-exc...

[2] https://www.ice.gov/sites/default/files/documents/Document/2...

Where does that money go? Fees associated with the application or general attorney fees?

Is it possible to complete this process without an attorney? $5-15K is peanuts for a larger organization but it's a decent chunk of coin for a small business.

I am so happy to find you and this thread. here's my story: I am a Swiss and Sri Lankan national, female, been in the U.S. uninterrupted since 2002 on several different visas. F1-while at Wharton getting my MBA, then G4 working for the World Bank, then three different H1-Bs (2 corporate, one research think tank) and then since 2012 I have been on an E-2 for my start-up business.

So basically I have been in the U.S. for 14+ years already, paid taxes in the highest tax bracket, own two properties here, started a business and grew it to profitability in 4 years, so far provided employment to 6 part-time American workers. Additionally my start-up business is in career coaching and job search- and so I have helped over 400+ Americans land good jobs, including for positions at the State department, DoD, and the U.S. Foreign Service. My company has partnerships with universities like Georgetown and my team coaches close to a 1000 American students every year.

What are my chances of applying successfully for an Extraordinary Ability EB1 Green Card? Or EB2?

Thank you in advance!

1. OP has closed this AMA and will not be replying.

2. OP specifically stated that he would answer questions only on immigration in general and would not comment or provide legal advice of specific cases, which is exactly what you are asking for. No reputable attorney will do this for randoms on the Internet. Not only is it a liability issue, but rules on ethics, attorney-client relationship, and practice out-of-state prevent this.

3. If you are this successful, you should privately consult with an attorney who can answer all your questions and represent you in your application to USCIS.

I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy?

I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA.

What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their country would probably be a good perk).

If I understand correctly, there might be an issue because they come to the US and they are working for (and receiving a salary from) a US company -- no matter if the money are paid abroad. Which violates the ESTA condition. Is that what you meant?

To the contrary, if they were working for a EU company (sister of the US company), then they could come to the US under ESTA/working, correct?

I'm an employee of a large US Corporate and got a O1 Visa which I'm currently employed under. I understand that my spouse will be able to move here as a O-dependant, but won't be able to work which is a huge issue for us and will probably prevent us from moving out to the US unless we find a permanent solution.

I do wonder, what are my options of getting her a work permit besides her finding a job that would endorse her and going through the entire process?

From what I've read seems like the two options I have are:

- H1B so she could get a H4. I understand that last year Obama approved some H4 recipients can work, but I'm not sure what the criteria is. I know that it's only able to be filed by 1st of April, but I also understand that there is a premium fee that could be paid to rush things up. Would love your input on this from your experience.

- L1 so she could get a L2. Best solution it seems but getting a L1 is a lengthy process and needs a 1-year employment period which I might not have by the time we want to move.

Thanks for reading this, I would really appreciate your professional opinion on this !

Shai.

I think you could look into doing an EB1 green-card in the extraordinary ability category - the requirements are similar to the O-1 (just reviewed a bit more thoroughly), and it'd give your wife a work permit if you file the paperwork together. In theory that process can be done in ~3 months (for the EAD card, which would allow her to work) when you file the I-140 with premium processing.

See also https://www.uscis.gov/working-united-states/permanent-worker...

I am from the United States and recently discovered that my cofounder is an undocumented immigrant. What should I do? Are there legal consequences to this?

I have been in the U.S. uninterrupted since 2002 and would like to figure out what my chances are for an EB-1 (or EB-2) green card. I was first on an F-1 while at Wharton getting my MBA, then on a G4 working for the World Bank, then sponsored on three different H1-Bs (2 corporate and one research think tank, and finally since 2012 on an E-2.

So I have been the U.S 14+ years, educated at a top school, paid taxes in the highest tax bracket, own two properties here,and started a business that has provided employment to 6 part-time American workers. Additionally my business is in career coaching and job search- and so I have helped over 400+ Americans find employment, including for the State Dept, DoD, and the U.S. Foreign Service.

I am trying to explore paths to a Green Card.. thank you in advance for your reply!

http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im...

Hope this is helpful.

2. My OPT ends this month (June 30th) and my employer filed for H1B starting Oct 1st. My university issued another I20 (called CAP GAP extension) which start July 1st. But currently I am thinking about changing jobs immediately as my current employer is suffering financially and I am not sure how long they may survive. Is it ok to do that during the CAP GAP period if my new employer is willing to sponsor H1B? I have read online where some people say its ok but others say its not.

Thanks for the AMA

Can you please describe briefly about the process to establish a company here while on H1-B. From incorporation to founder's visa status. Whether there has to be a American co-founder or if it helps to have one. If funding helps in getting a visa etc.

The description about the 2 visa's for GC is clear, i just wanted to know about initiating the process.

Thanks in Advance!

My name is Gary. I am currently working under a H1B1 visa. My sponsoring company has tried without success to apply the H1B visa for the past three years. The lawyer is advicing that I proceed to applying for the green card.

The lawyer states that at this point, even if I get awarded the h1b visa since the time under the h1b1 will be counted towards the h1b, I will not have enough time using the H1B to get thru the green card application process

Also during this green card application process, it's advised for me to remain in the US otherwise I will get in complications when entering to with a H1B1 that has a outstanding green card process

I have two questions: 1. Is what she said about the h1b1 time contribution to the h1b true?

2. Is what she said custom complication true?

My company currently employs a brilliant, in my opinion, Argentine scientist. We'd love to bring him to the US periodically, but he can't get a visa as he owns no property in Argentina, isn't married, etc. Short of meeting in a more neutral country do we have any options?

You can then construct your EB-1A by fleshing out the categories with even more high-quality evidence (media articles, awards, salary, etc.), and perhaps adding a few more categories.

Unless the O-1 package was very strong, I wouldn't just resubmit it as an EB-1A. I'd take the time to amplify and strengthen it.

In this situation you're not necessarily proving popularity, but the influence of your work on the major creations of others.

This could be a good foundation for an O-1. You'd have to show at least 3 of the 8 required elements, so you'll need a minimum of 2 more (media coverage, awards, judging, authorship, etc.)

HTH

Can you please clarify that, especially about the extraordinary ability criteria / standards? Is there a yard stick that one can measure themselves against, to get a realistic assessment of what their chances are?

E.g may be an example persona of someone who qualifies? The examples that are given by the immigration website are olympic atheletes and such. That's probably someone who is way overqualified though. What's an example of a person who just barely qualifies, or who neither under nor over qualifies?

P.S can I hire you to be my attorney for my EB1?

I think that what Peter meant, was that these categories are often perceived as unreachable or too hard, when in fact they're a good option for high achievers, especially those who are proactive, motivated, resourceful, and detail-oriented.

You're right, it WOULD be helpful to see a yardstick, and some examples on a continuum of high-medium-low qualifications.

Here are a few news stories I've collected about real people getting their O-1 visas, and what the process was like. They give you at least a few snapshots of successful O-1 applicants.

http://goo.gl/ihb2U6

http://goo.gl/f2NDza

http://goo.gl/nXdX95

I also wrote a blog post that gives an overview of the evidence you need. http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im...

HTH

Thanks!

Have you heard about SimpleCitizen? (https://simplecitizen.com/)

My wife and I were recently married and are currently considering this for getting her green card.

Any thoughts?

Have you had experience with DACA + 245(i)? We're hoping that doesn't complicate things much.

My question is typical in the SF Bay Area, H1B founder:

I am an American Citizen. Opened up a startup C-corp. Company does not have a lot of press coverage yet. I have a friend who would like to join my startup as founder, but have doubts about immigration issues:

- H1B

- EB2

- originally from India

- graduated masters from a U.S. College

- currently software engineer for another big company. Has been for several years

- just starting the green card process

As a startup we don't have much revenue yet. He is willing to give up his salary (just as I did) to become a founder. I am worried about H1B's salary requirement preventing him from doing this.

What options do I have for bringing him on board to my startup as a founder? What would be the best way to do this?

1. What's the relationship between O1 sponsoring entity and you? Do you've to be employed by the sponsoring entity? Can you run your own business while on O1? Can you get paid by someone else than the sponsoring entity while on O1?

2. How to determine if I should go with O1 or EB2? My attorney says if my EB2 gets rejected then there can be issues getting any other non-immigration visa.

3. If I already have O1, then what's the process like going from O1 to Green Card? When can you go from O1 to Green Card?

4. If I already have O1, are there tricks to stay in the US and never go back to home country to renew it?

Thanks!

I know O1 visa is very specific for example O1 for producing or or O1 for acting. If your O1 is for producing you cannot do acting under that visa. Currently I have only enough experience only for producing. But Ideally I want to get O1 for producing and acting. My question is if you have O1 for producing, while you are at O1 you want to apply O1 for producing and acting, if I get denied is my O 1 for producing still good or it get waive? Or can I just petition to add acting in my current O1? If I petition to add acting and get denied does my O1 as a whole gets cancelled?

Is it practical to work remotely for a US firm in Canada?

Sorry if this is abrupt, but it sounds like you are frequently posting your interpretation of legislation. US immigration realities are frequently different. Even if you've had your own experience, it would probably be more useful to OP to hear from the expert rather than one person's experience.

IANAL, but I've done a large amount of research into this, and I think an immigration attorney would find the answers I've given so far to be quite accurate.

Not sure what you mean by "US immigration realities are frequently different" -- all immigrants are subject to a same set of US immigration laws.

I have a green card that will expire in August 2016. I also have a valid travel permit until 2018. If I do not renew my green card in August, and leave the country, will I still be able to return using the travel permit?

If you're worried about renewing, you can always go to the USCIS office and get a stamp in your passport that shows your Permanent Resident status (I-551 stamp). It's only valid for 6 months though.

Who is behind the "Washington Alliance of Technology Workers" and why do they keep bringing lawsuits against STEM OPT for F-1 visas?

Is there any moves on increasing the H1-B quota or modifying the H1-B altogether?

I'm based in the UK and in talks with (UK Based) investors for a significant amount of seed money to start a company.

I want to setup a US based company as all of the business will be with the US and I want a local office.

What sort of "investment" for the US based company do I need to make, so that I can secure a visa and what type of E visa should I be trying to get.

I know higher the better is probably preferable. But where is the sweet spot? $100k, $250k, $500k?

I do not have a PHd, nor a Masters or even Degree. However I have 25 years of IT experience and I am the technical / founder of my company.

Thanks

I am an international founder just starting on OPT after getting a PhD and hoping to get an EB-2 NIW. I have a couple questions:

1. Does starting a (small-at-the-beginning) bona fide technology startup is grounds for NIW? How difficult is the process in general (for a PhD in CS from a US school) and how many paper/citations on average do you see in successful cases?

2. If I succeed in my NIW case, can I later employ my brother (from the same nationality under E-2) and bring him on board as a cofounder later? Does it require substantial cash on his behalf?

Thanks!

Thanks!

info:

- I have about 46 citations.

- Graduated last June 2015 PhD EE from a small US school.

- 5+ conference papers in top conferences in my field.

- 1 best paper award in a 250-paper conference.

- 1 best paper nomination in 200+-paper conference.

- 11+ conference/journal papers in Total.

- 3 approved US patents

Go or No-go on EB1-A?

I emailed this law firm for EB1: http://www.curranberger.com/ and they said I won't qualify.

What's your opinion?

I've fallen behind a bit on emails but will send an intro soon.

thanks

1.Re H3 'traineeship' visa. Is that a recommended route, in lieu of the o1a for business? Would an accelerator be able to satisfy this from your experience (i.e. 500 Startups) ?

2. Re H1B: Is it true that a more strategic month to submit it is around October? I am hearing conflicting opinions on the matter of timing.

What are the odds of the H1-B lottery system changing under a Clinton/Trump presidency. What kind of changes can we expect from either of them?

Thanks again for taking the time to answer questions. I am currently on OPT and was lucky enough to receive a H1B in this year's lottery a month or so ago. It is scheduled as a change of status happening on Oct 1st. Can I leave my current company if I have another offer and transfer the H1B to that company before Oct 1st? I have heard conflicting stories. Thanks!

I have an H1b petition approved till Aug 2017 but my visa hasnt been stamped.. can i get my petition extended even without having been travelled to US even once?

Also, if i have a valid visa but the petition gets expired. am i still eligible to work on the visa or the petition needs to be extended? can another employer get the petition extended for me?

I am currently on f1 visa. I was declined for H1B visa by my company in 2015 so I went back to f1. I am currently going to school but I don't want to continue anymore since I want to work and get new experiences.

Can you give me advice on how can I overcome this challenge and make my greencard?

Thank You

I have two simple questions:

I am on H1-b and I have my I-140 approved (eb-2).

- I want to switch my job and before taking up a new job in USA I want a break. Is it possible to take break of 2,3 months w/o being un-employed? If not, is there a way to achieve this?

- Once I move to a new firm, what process I can follow so that my GC application continue in normal pace?