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

#161

Post by cosureshe » Wed, Jul 05, 2017, 5:06 PM UTC

Hi Peter,

I have a question about EB2-NIW (or EB1-NIW). * I'm a recent PhD graduate in Electrical Engineering with a focus on defense related projects. * I do not have any peer reviewed publications, but several conference publications. * I have several nationally acclaimed fellowships from national labs and federal organizations. * Currently, I have an offer that will set me up as a post doc in a completely different field (from engineering to education) with a very high probability of 5 peer reviewed publications in average impact journals within a year.

Should I wait to publish those papers to apply for EB2-NIW? Or should I go ahead and apply for EB2-NIW right now? Will the fact that I've published peer reviewed papers in a different field affect the application?

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

#162

Post by yagyu » Wed, Jul 05, 2017, 5:07 PM UTC

proberts wrote: post #145

yagyu wrote: post #136

Hi Peter, In this AMA you mentioned a few times that while the EB1A bar is high, it is perhaps not as high as it seems. Any advice for early career academics?, eg As a reasonably successful postdoc at, say, Stanford (good scholarship, steady publication record, presentations at international conferences, and so on, but no proper 'recognized awards of excellence'), is it even worth considering EB1A, as opposed to a EB…

Yes, it is worth considering an EB1A.

Thanks for your reply, that's encouraging. Follow up question:

I can see how the points

- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

are fairly easy to fulfill. Which one would you attack as the third?

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

#163

Post by proberts » Wed, Jul 05, 2017, 5:08 PM UTC

thetruthseeker1 wrote: post #158

Hi Peter, Thanks for offering to do this. According to new USCISs rules , if you are on H1b and you were let go, you can be in the US two months to find a new job and have your H1 transferred. What happens if you stay say slightly over 2 months and find a job later? In what ways can you run into trouble ?

So the 60-day grace period wouldn't apply meaning that you would have to leave the US and then reenter to start working for your new H-1B employer. And if this period of time after the 60-day grace period went on for a while, it could impact your ability to get visas in the future.

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

#164

Post by segaman » Wed, Jul 05, 2017, 5:08 PM UTC

Hi Peter, thank you for this opportunity to ask a quick question. Is it possible obtain H1B visa while waiting for asylum interview? Thanks again!

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

#165

Post by segaman » Wed, Jul 05, 2017, 5:09 PM UTC

Hi Peter, thank you for this opportunity to ask a quick question. Is it possible obtain H1B visa while waiting for asylum interview? Thanks again!

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

#166

Post by marlonmisra » Wed, Jul 05, 2017, 5:10 PM UTC

Hi Peter,

The International Entrepreneur Rule is expected to go into effect July 17th 2017. Do you recommend pursuing that path if you can meet the requirements?

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

#167

Post by ChronoJustin » Wed, Jul 05, 2017, 5:10 PM UTC

I have a contractor out of the Netherlands that I'd like to bring full time as an employee to the US (we're a tech company, he does biz dev), what's the best visa we should pursue? Any high level challenges/issues we should expect?

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

#168

Post by ameen » Wed, Jul 05, 2017, 5:10 PM UTC

Hello Peter, I'm a Grad Student with 5 years of Industry experience on a non-immigrant visa (F1). I intent to take up residency in the U.S. after graduating.

Is getting a job (H1 -> EB1/2/3 -> GC the only path or could I do a startup (no huge investment)?

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

#169

Post by dingdongding » Wed, Jul 05, 2017, 5:10 PM UTC

hooliengentwbee wrote: post #147

Hi Peter, I am currently working for Hooli and I am awaiting AOS (with an approved I-140), but want to start my own startup. Is it really safe for me if my AOS is still pending for 180 days? How hard is it to show a startup CEO job (with potentially 0 salary) is similar to a Software Engineer job with a few hundred $ks? Should I wait to get my actual green card and then quit?

Hooli? Are you kidding me

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

#170

Post by proberts » Wed, Jul 05, 2017, 5:10 PM UTC

cosureshe wrote: post #161

Hi Peter, I have a question about EB2-NIW (or EB1-NIW). * I'm a recent PhD graduate in Electrical Engineering with a focus on defense related projects. * I do not have any peer reviewed publications, but several conference publications. * I have several nationally acclaimed fellowships from national labs and federal organizations. * Currently, I have an offer that will set me up as a post doc in a completely differen…

That's a tough one. I'm not a big fan of NIWs anymore. I'd need to review your entire background but my gut is to go the EB1A route after your 5 peer-reviewed publications. I assume that there must be some connection between your EE work/background and your career in education. Is it STEM education?