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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 copperx »

proberts wrote: post #9
jnnnthnn wrote: post #4

Have you observed any change in practices with respect both visa application processes and admission at the border processes since the Trump administration came into office (e.g. longer delays, higher rate of refusals, extra scrutiny, etc)? I'm thinking about "field practices" rather than material changes to existing regulations. Thanks!

Not really other than applications for admission in TN status seem to have become more difficult and irrational.

As someone on a TN, can you expound a bit on that?

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

#34

Post by princekolt »

tchaffee wrote: post #22
perseusprime11 wrote: post #3

What is your opinion on Trump's new H1-B policy? Will this hurt innovation as a result of lack of access to talented engineers?

Not a lawyer and I am also interested in the answer. As a developer though I often wonder if there is a lack of talented engineers. It seems like companies want engineers for a big discount. The US immigration system, since it ties you to one employer, seems to be almost indentured servitude. If you get fired you lose your Visa. I am not anti-immigration. But I would like to see immigrant salaries the same as or very…

I think talented foreigner employees will always have higher salaries (on average) because 1. it is a true pain in the ass to move countries, and 2. in some countries that's actually a requirement (like the Netherlands, for example).

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

#35

Post by mattm »

I recently discovered that there is a direct path to Green card from a TN visa although it does involve a little more restrictions.

In your experience, what are the pros and cons of pursuing this path compared to transferring to an H1-B first?

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

#36

Post by [deleted] »

proberts wrote: post #27
jaredhansen wrote: post #10

What do you think of https://www.bridge.us (SaaS platform for immigration)? I haven't used them yet but I'm a fan of the team and the concept. We have sponsored a number of J and H visas for various people at Breezy, and I'm curious to hear your thoughts on the value of this platform and/or any competitors. Thanks in advance!

I haven't used this platform so I can't comment on it unfortunately although I think that there's a place for immigration-related automation. The challenge I think is making sure that those using such platforms are aware of all their options and all the issues because just because something works doesn't mean it was the best option.

[deleted]

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

#37

Post by proberts »

cvaidya1986 wrote: post #26

Thank you so much for doing this! As someone on H1 and I 140 approved and in the long wait for green card, is it ok to release a free iOS app under one’s own name and if it takes off, show that as evidence for extraordinary accomplishment? Does membership of exclusive well known invite only Silicon Valley network for tech founders count as membership of reputed organization? What if the app is for a non profit, shoul…

These are all excellent questions and yes we help individuals as well as companies and accelerators. My answers to your questions, in order, are as follows: possibly but this can't be considered work, that is, receiving a financial benefit for performing a service or providing a product; possibly; the analysis is the same as your first question; yes, if you provide no service to the company.

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

#38

Post by sbaus387 »

tchaffee wrote: post #22
perseusprime11 wrote: post #3

What is your opinion on Trump's new H1-B policy? Will this hurt innovation as a result of lack of access to talented engineers?

Not a lawyer and I am also interested in the answer. As a developer though I often wonder if there is a lack of talented engineers. It seems like companies want engineers for a big discount. The US immigration system, since it ties you to one employer, seems to be almost indentured servitude. If you get fired you lose your Visa. I am not anti-immigration. But I would like to see immigrant salaries the same as or very…

I believe this is handled by the concept of the prevailing wage. I'm not suggesting it is well handled but in theory, you do have to earn at the level or higher dictated by the prevailing wage for your position.

If I'm not mistaken, there is an effort to push either this number higher or some other general salary requirement to around $100k/yr. I'm sorry I don't have precise information here.

Having prevailing wages of ~40k in areas where some people are paid >70k is probably a reason why some companies can hire below 'market' prices.

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

#39

Post by o1visa »

proberts wrote: post #30
o1visa wrote: post #28

I have been working in the US with an O-1 visa for 8 months, but I want to switch jobs now. I got an offer from two different companies and both said the visa would not be an issue, but I'm not sure what the process is. Do I need to apply for the visa again? What happens if the new visa is rejected? When should I tell my current employer that I want to quit? Thanks!

Yes, your new employer would need to file a new O-1 petition with USCIS and if it were me, even though subsequent O-1 petitions are usually approved, I wouldn't give notice until the petition is approved. Note however that the O-1 visa in your passport remains valid even if you change employers as long as there is an underlying approved petition through the new employer.

Thank you, Peter!

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

#40

Post by throwawayeng1 »

Hi Peter,

Thanks for doing this.

I'm on an H-1B visa and my employment with my current employer ends on the 31st of December. I'm interviewing with other companies and am close to offer from one, but most of my interviews are scheduled for after the holidays. I was wondering if I could:

1. accept the outstanding offer, get my visa transferred, but then accept another offer should I get a better one? 2. How long can I be unemployed for, and still be considered as "maintaining status?" 3. Is it possible to have multiple companies apply for an H-1B transfer at around the same time?

Thanks.

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