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

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

#1
It's been a year since we did our last immigration AMA (https://news.ycombinator.com/item?id=11972135) and we thought it might be time to do another. I'll be here for a few hours to answer your questions about U.S. immigration.

As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. With all that's happened in the last year, it might make sense to discuss the changes, real and perceived, in immigration policy and practice now and in the future, such as, for example, an increase in site visits and a more restrictive approach to admissions and visa issuance. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers! One thing I noticed, looking at some recent threads on HN, are some common misconceptions about the standards for extraordinary ability, in both the nonimmigrant (O-1) and green card context, so hopefully we can clear some of that up as well.

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

#5
Canadian here.

Most of my friends with Visa's tend to live in a constant state of fear when crossing the border into the US that a border office will just rip the visa out of their passport and deny them entry into the US.

Even the ones with high priced immigration attorney's.

Is there something the average Canadian can do to make crossing the border into the US less of a crap shoot, especially when doing so with a family?

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

#7
post #3

I'm on an O-1 Visa at the moment and thinking about going for a green card. What's the best path way to do this?

As you probably know, although the criteria are nearly identical, the standards are different, with the evidentiary standard higher for the EB1A green card category. So I would have an attorney evaluate the O-1 petition to see if it's strong enough to support an EB1A. Almost always, if the trajectory of your business or work is up, it's better to wait to build up a stronger EB1A case.

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

#8
What are the major differences between the standards and the amount of time it takes to get O-1 vs EB-2 with NIW?

Would it make more sense to target O-1 or EB-2 with NIW for a non-PhD founder with US Masters degree who does not have published research papers but have created innovative products with buzzes in the news?

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

#9
Can you outline the big changes that have happened over the past year?

Has the H-1B cap lowered? If it still gets booked up within a week, what options do people have?

It sounds like the cap is pushing people to other categories like the O-1 and the EB-1 (if they can afford it).

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

#10
Hi Peter! I had a question about H1-B visas. I was approved for a H1-B in the April, 2014 lottery and received my I-797 approval notice. But I never activated it since I changed jobs to work for an international organization under the G-4 visa in September, 2014. I'm now looking to go back onto the H1-B visa with a new employer. Would I need to go back and ask my new employer to apply for my H1-B in the lottery again? Or would it be possible for my new employer to transfer my previously approved H1-B petition?

Also, if it is possible to transfer the old visa, is there any time limit on its validity before I'd need to go back and apply via the lottery again?

Thanks!

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