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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

#21
Hi Roberts, thank you so much for taking the time for an AMA.

Dutch Citizen, exploring possibilities of moving to the US. Employed as executive at a US based company.

My research shows me that L1-A might be the most viable option for me, are they still very hard to get?

Most other options takes years to get a green card (except EB-*)

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

#22

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…

As a general rule, USCIS's position is that you would need to go into the lottery again.

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

#23
post #6

Are startups more likely to obtain H1-B visas than bigger companies?

There's no difference in selection in the lottery (it's truly random) and in terms of approval, it's probably slightly easier to get an H-1B through a larger/established company since USCIS is less likely to raise certain questions, such as the availability of work and the absence of non-qualifying duties.

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

#24
Are there been changes in the H1B process since last year ?

I was lucky enough to pass the lottery step .. but since then .. nothing. Apparently this is supposed to be normal but it is a bit infuriating that the process is that long and opaque.

Are there any classic potential hurdles in the H1B process for a well paid legitimate engineering job ? Or is it just a waiting game until the american government finally examines the dossier ?

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

#25

Hi Roberts, thank you so much for taking the time for an AMA. Dutch Citizen, exploring possibilities of moving to the US. Employed as executive at a US based company. My research shows me that L1-A might be the most viable option for me, are they still very hard to get? Most other options takes years to get a green card (except EB-*)

The L-1A for managers and executives and the corresponding multinational manager or executive green card category are still very good options (and appear to be good options for you) although the processing of multinational manager or executive green card applications has slowed down considerable over the past 1-2 years.

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

#27
post #19

Earlier quoted context omitted.

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.

Wouldn't establishing himself as a visitor undermine his status as a guest worker? Or is that already off the table?

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

#28

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.

In short, while the standards are very high, almost always they are not as high as people believe so it's almost always worthwhile to have an experienced attorney evaluate your background.

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

#29
Are there any pitfalls in the current political environment for a US citizen entitled to Irish citizenship via foreign birth registration taking advantage of that to work in Europe?

More worried about trouble associated with traveling or otherwise using the EU passport than tax or employment issues.

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