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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

#191
Hi Peter,

Can an individual on H1B

- Volunteer for a non profit organization - Mentor an individual assigned by non profit organization in studies like maths, computer science etc,. or extra curricular activities like drawing, coding hackathons, tennis etc,. - Help in fundraising for a non profit.

Kindly advice.

Thanks.

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

#192

Earlier quoted context omitted.

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?

It is STEM Education. I'm form India, which makes an EB2 route exceptionally long. Good to hear that EB1A is a possibility. Regarding the publications, do I need to wait for them to garner citations? or am I good to go as soon as I have them published?

Citations are helpful - more in support of the original contribution criterion - but not required.

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

#193
post #125

I have an someone at work who is currently in the process of applying for a greencard renewal (f48 I think). They sent out their application nearly a year ago now and are still waiting for the result. Is this cause for concern? Should they hire an immigration lawyer? Is there a chance for them to be denied even though they've been here over a decade as a productive, law-abiding member of society?

Yes, if it were me, I'd have someone look at this to make sure that there are no issues, just delays.

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

#195
post #124

Thanks for the AMA Peter. My question is about premium processing of H1 visa. With premium processing halted, change of employer would have to go to regular H1 processing - which is a matter of months. What is your advise on employment transfer - one should wait till premium processing is resumed, or start working as soon as transfer receipt is obtained, or any other option/advice?

First of all, even without premium processing, H-1B petitions are getting approved relatively quickly (1-2 months). But if it's a solid H-1B petition, then there's really little risk to "port" after the petition has been received.

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

#196
post #156
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…

Since he's Canadian, it's probably a TN visa, not H1B?

Nothing in the post suggests the person is a Canadian citizen. Going by all the clues, it sounds like they are a Canadian permanent resident.

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

#197
post #175

Hey Peter, thanks for doing this! Two questions: (1) I had an H1B visa that was awarded starting with Oct 2011. However, I ended up never using it because I decided to stay in Europe. I have come back to the US in 2015 to get a 2-year MBA from a top 5 school and am considering applying for the H1B again in April of next year. Does this mean that I can only have the H1B for 3 years? What happens after 3 years? (2) I p…

You should be able to get the full 6 years in H-1B status and H-4 spouses cannot work as H-4 spouses unless the H-1B principal has an approved I-140 petition.

Thanks! Is it hard to get the I-140 petition? How long does it take?

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

#198

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?

The options are limited to an H-1B or an O-1, both of which have challenges issues. Is the US company US- or foreign owned?

US C corp

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

#199
post #138

Earlier quoted context omitted.

It's really permanent unless one commits certain crimes or lives abroad for an extended period of time without taking certain protective steps beforehand.

if you have stayed abroad for a few years, and you wish to stay abroad and you don't mind losing the greencard, do you have to file anything to renounce it or is it enough that you just 'overstayed' abroad?

There's no requirement of a formal renunciation but from a tax liability standpoint, this sometimes make sense since you end up drawing a line in the sand.
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