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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

#31

Post by proberts »

on_and_off wrote: post #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 exam…

Are you saying that the petition was selected in the lottery but you haven't heard yet whether it has been approved? If so, USCIS is now starting to review and approve cap-subject petitions so you should hear soon.

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

#33

Post by sthada02 »

Im on an H1B and hoping to get my employer to sponsor me for a green card when my 6 year H1B term is up (2020). Are there benefits having already worked for this employer, or will the green card application be the exact same as if filing for a foreign national who wasn't already working at the company?

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

#34

Post by deviarte »

proberts wrote: post #25
deviarte wrote: post #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-*)

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.

Thank you! Would you say that i should take into account a 1 year processing time?

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

#35

Post by bflesch »

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…

Did he overstay? I don't understand how people can run into trouble with H1B visas.

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

#36

Post by proberts »

chikathreesix wrote: post #26

Hi Peter, I am planning to apply for E-2 visa but 2 concerns. 1. I've heard from an attorney that no one shouldn't have more than 50% of its share. What do you think? 2. We have raised with SAFE. Do you see any concern? Thank you!

I;m not sure that I understand. E-2s are in fact relatively easy to obtain because the requirements are pretty clear and it's really just a matter of checking the boxes. In short, regardless of the number of owners, the company needs to be at least 50% owned by citizens of your country and there needs to be a substantial investment into the company by citizens of your country. SAFEs concern future ownership so they are not immediately relevant from an ownership standpoint but they can of course impact future ownership and continued E-2 qualification.

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

#38

Post by proberts »

sthada02 wrote: post #33

Im on an H1B and hoping to get my employer to sponsor me for a green card when my 6 year H1B term is up (2020). Are there benefits having already worked for this employer, or will the green card application be the exact same as if filing for a foreign national who wasn't already working at the company?

It's generally helpful to be currently employed by the sponsoring company but the amount of time with that company has little bearing on the success.

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

#39

Post by funkaster »

proberts wrote: post #15
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, su…

Hi Peter, could you please elaborate on the "lesser degree" for Chile & Singapore? I'm Chilean and currently under h1b1 and AFAIR it was a relatively painless process: from our side it took about one-two weeks and it was open window with its own cap. Has this changed recently?

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

#40

Post by proberts »

desdiv wrote: post #37

Do L-1A/L-1B visa have minimum stay requirements? As in, if someone is granted a L-1A/L-1B visa, but their job requires them to be physically present in the US 30% of the time and 70% elsewhere, could their visa be revoked?

The short answer is no. As long as the job is U.S. based, extensive travel outside should have no bearing on the continued validity of his L-1 visa.
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