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

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

#11

Post by mabbo »

chollida1 wrote: post #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 f…

I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members.

He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he can't re-enter the country.

Edit: Makes for a hell of a story though. "How's it going?" "Oh, just got out of jail down in Mexico" "... what?"

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

#12

Post by on_and_off »

Could you elaborate on these misconceptions about the standards for extraordinary ability for O-1 ?

I almost tried to get a O-1 but I was admitted in the H1B lottery.

The criteria are indeed very opaque and you can read very conflicting accounts on HN and elsewhere.

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

#13

Post by proberts »

chollida1 wrote: post #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 f…

Their concerns are well-founded. It's hard to advise without knowing the particular facts but now, more than ever, it's advisable, if one has any concerns about admission, to consult with an attorney beforehand, even if just for a few minutes, because most problems at the border can be avoided with some planning.

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

#14

Post by toomuchtodo »

mabbo wrote: post #11
chollida1 wrote: post #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 f…

I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members. He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he…

Does he need help getting his car and stuff back to Canada to prevent incurring excessive costs/penalties?

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

#15

Post by proberts »

projectramo wrote: post #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).

There really haven't been any changes to the H-1B program other than an increase in site visits to ensure that the employee and company exist and that the employee is doing what he or she is supposed to be doing. The cap still exists and is still getting filled up within a week so individuals must look at other options, such as the O-1 or green card, unless they are from a country with its own visa classification, such as Australia, Canada, and Mexico (and Chile and Singapore to a lesser degree).

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

#17

Post by proberts »

nopinsight wrote: post #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?

I would need to see the specifics to evaluate the chances but essentially where one or two publications might be sufficient for O-1, more are needed for EB1A. But to be clear, a PhD is absolutely not required for an EB1A or NIW green card. It's more what a PhD typically signifies, publications, presentations, and original work.

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

#18

Post by proberts »

nopinsight wrote: post #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?

I would need to see the specifics to evaluate the chances but essentially where one or two publications might be sufficient for O-1, more are needed for EB1A. But to be clear, a PhD is absolutely not required for an EB1A or NIW green card. It's more what a PhD typically signifies, publications, presentations, and original work.

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

#19

Post by mabbo »

toomuchtodo wrote: post #14
mabbo wrote: post #11

Earlier quoted context omitted.

I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members. He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he…

Does he need help getting his car and stuff back to Canada to prevent incurring excessive costs/penalties?

He's got enough friends in the bay area to have himself covered in that regard. Right now I believe his biggest problem is renting an apartment in Canada to establish as his official primary residence so that he can enter the US as a visitor to go get his stuff.

Pretty shitty deal all around though.

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