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

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

#41

Post by proberts » Wed, Jul 05, 2017, 3:49 PM UTC

zachperret wrote: post #32

This isn't strictly an immigration-focused question, but I'd love to hear about any best practices for equity grants for full-time international employees and employees that might start internationally while waiting for visa approval.

I'll need to defer to your HN colleagues.

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

#42

Post by Vepe » Wed, Jul 05, 2017, 3:50 PM UTC

I'm a photography artist and have recently become also a tech start-up entrepreneur. We're now looking into moving into the US within the next year or so and I'm looking into the visa options. What would be the visa to apply as an start-up entrepeneur? I have also considered applying for the O-1 visa as an artist. Can I work as an artist if I have received my visa on the basis of the start-up and vice versa can I work in a tech start-up with an artist visa O-1? I am from the EU.

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

#43

Post by proberts » Wed, Jul 05, 2017, 3:51 PM UTC

hjoi8783 wrote: post #20

I'm a US citizen, married to an French citizen, living in France. We are thinking of moving back to the US. If I have an immediate job offer there, is it possible to expedite the Green Card process for my spouse?

The short answer is no unfortunately although there may be options to get him here in the short-term.

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

#44

Post by proberts » Wed, Jul 05, 2017, 3:51 PM UTC

hjoi8783 wrote: post #20

I'm a US citizen, married to an French citizen, living in France. We are thinking of moving back to the US. If I have an immediate job offer there, is it possible to expedite the Green Card process for my spouse?

The short answer is no unfortunately although there may be options to get him here in the short-term.

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

#45

Post by throwawayl1visa » Wed, Jul 05, 2017, 3:51 PM UTC

Hi Peter, I'm working with a L1B visa in US right now and will get an H1B approved soon. My employer filed H1B for me and will hold it for a couple of years without activating it until my L1B visa expires. The company is doing this so that I cannot change job. If I get an offer from a startup or Google will they be able to activate my H1B somehow?

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

#46

Post by proberts » Wed, Jul 05, 2017, 3:51 PM UTC

cingram wrote: post #16

Any ideas as to when the premium for skipping the H1B loterry will be reinstated?

It should be soon, hopefully by the beginning of the new fiscal year.

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

#47

Post by proberts » Wed, Jul 05, 2017, 3:53 PM UTC

throwawayl1visa wrote: post #45

Hi Peter, I'm working with a L1B visa in US right now and will get an H1B approved soon. My employer filed H1B for me and will hold it for a couple of years without activating it until my L1B visa expires. The company is doing this so that I cannot change job. If I get an offer from a startup or Google will they be able to activate my H1B somehow?

That doesn't sound right but it's likely that USCIS will consider you as subject to the lottery again because you never activated the H-1B.

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

#48

Post by bl4ck74ck » Wed, Jul 05, 2017, 3:54 PM UTC

Hi Peter,

I am a student who just finished his Masters (F-1) and I am applying for jobs. However, I have not yet received my work authorization from USCIS. Is it legal for me to accept a job offer and receive any relocation/sign up bonus before that happens?

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

#49

Post by vs2370 » Wed, Jul 05, 2017, 3:54 PM UTC

Thanks Peter for doing this. I have a question regarding the EB1A category. I recently received my I140 under EB2 category. I was wondering if I can apply for another I140 under EB1A category. My question is if I get rejected under EB1A do I keep my existing priority date (EB2) ? Also what are the chances of getting approval on EB2 to EB1? Thanks

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

#50

Post by dheelus » Wed, Jul 05, 2017, 3:55 PM UTC

Peter, what advice do you have for Indian nationals on EB2/EB3 GC status given the incredibly long wait times for the priority date to become current?

Is there a good (and legal) way to upgrade to EB1 or similar category (that has shorter wait periods)?

For example, does it make sense to leave the US, work as a manager overseas and return to the US on a L1-A thereby qualifying for a EB1.

Or perhaps work towards publishing papers, applying for patents, etc. to thereby qualify for a NIW?