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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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141–150 of 384 posts

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#141

Hi Peter, thanks for doing this! 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?

I'd look at getting him an O-1.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#142

Asking for a friend: Hi Peter, I was wondering, if I have an O visa, and I applied for EB-1 but get rejected, do I lose my O visa?

Not necessarily but it can impact the ability to renew the O-1 visa and travel internationally.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#143

Peter, Can you evaluate my specific case? I am going to send my resume and also my google scholar citation page. 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 p…

I'd be happy to evaluate your background.

can you PM me your email?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#144
post #94

I'm an English programmer working in the UK for a site owned by, via another company, a very large privately owned US company. I have a child and a partner I am not married to. I have no criminal record. 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?

Have you considered to move to other European countries instead? Could be less a hassle.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#145

Hi Peter, Thank you so much for taking the time. My question is: As a recent grad from an American U, can OPT and OPT STEM extension be used to start a new company?

There are some new requirements surrounding this but the short answer is yes although you really should check with your international student advisor and get his or her okay.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#146
I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#147

Is there any reasonable explanation for not being "allowed" to leave the US, after filing for adjustment of status? Without advance parole, that is. Especially when a different class of visa (say an O1, while applying for EB1A) would still allow reentry? That can be rather annoying both for professional and personal reasons.

No good reason, just the law. Note that this prohibition doesn't apply to dual intent visas such as the H1B and L1.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#148
Hi Peter,

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.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#149
Dear Mr. Robers, I am a Spanish National, I have a small US Cloud startup company, we pay around 12K a month in services in the US, have invested around 500K in about 5 Years in Hardware are other items. Whats the best way for me to go about a biz / investor or work visa ?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#150

So what does extraordinary ability mean? Are we talking PhD level ability here, or Turning award level ability, or somewhere in between?

I can answer because I had an O1 visa, and from what I've understood the equivalent green card has roughly the same requirements. If I wanted to apply for a green card while on my O1 visa, I could have went to the same process (I chose to move back to Europe instead). Interestingly going from an O1 visa to the equivalent green cards doesn't require a corporate sponsorship. Basically if you have something like a Nobel…

What are your reasons for returning to Europe instead?
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