Hi,
Recently there was a proposal to do away with Employment Authorization for H4 visa holders. What are some of the next steps you would suggest we take.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
181–190 of 317 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#182Hi Peter, Graduating STEM master's student going into tech firm. You mentioned in another comment how the H1B lottery leads to ~30% chance of getting selected each year. Do you have an estimate for candidates with advanced degrees (master's, specifically)? Also, there seem to be a lot of potential changes to the whole OPT -> H1B -> ... path. Some comments, like this one [1] from an immigration attorney, suggest the S…
For those with advanced degrees from U.S. schools, the odds could be 80% or higher. And the trend is definitely favoring higher skilled, higher paid workers.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#183I am a holder of H1b visa in EB2, currently working for large tech firm in bay area. Do patents help in getting O1 or H1 EB1 visas ?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#184Hi, Recently there was a proposal to do away with Employment Authorization for H4 visa holders. What are some of the next steps you would suggest we take.
I suspect that those with H-4 EADs would be allowed to continue working until their EADs expired so I wouldn't take any drastic measures now other to renew your H-4 EAD as early as possible and possibly apply in the H-1B lottery.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#185Hi Peter,
There's lots of talk about 'rethinking NAFTA'. As a TN visa holder (living in Canada and working in the USA), this certainly concerns me. But I just am not informed enough about the situation to know what to expect.
In your opinion, is there any risk that the TN visa program, used by many tech companies to get talent from Canada and Mexico, is at risk during these negotiations? Should I be worried that next time I head to work, I'll be turned away without warning?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#186I am a holder of H1b visa in EB2, currently working for large tech firm in bay area. Do patents help in getting O1 or H1 EB1 visas ?
Yes, they definitely can help, supporting the criteria for original and significant contributions and essential roles, among others.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#187Hi Peter, There's lots of talk about 'rethinking NAFTA'. As a TN visa holder (living in Canada and working in the USA), this certainly concerns me. But I just am not informed enough about the situation to know what to expect. In your opinion, is there any risk that the TN visa program, used by many tech companies to get talent from Canada and Mexico, is at risk during these negotiations? Should I be worried that next…
I think that there is real risk that the TN could be impacted but I still think that this risk, though real, is low because this would not only hurt Canadians and Mexicans working/seeking to work in the U.S. but U.S. citizens working/seeking to work in Canada and Mexico.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#188Hi Peter, There's lots of talk about 'rethinking NAFTA'. As a TN visa holder (living in Canada and working in the USA), this certainly concerns me. But I just am not informed enough about the situation to know what to expect. In your opinion, is there any risk that the TN visa program, used by many tech companies to get talent from Canada and Mexico, is at risk during these negotiations? Should I be worried that next…
I think that there is real risk that the TN could be impacted but I still think that this risk, though real, is low because this would not only hurt Canadians and Mexicans working/seeking to work in the U.S. but U.S. citizens working/seeking to work in Canada and Mexico.
Much appreciated!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#189Hi Peter, thanks for doing this AMA. Is it true that your place of birth affects how long it takes to get a Green Card?
I am a naturalized Canadian (on a TN Visa in the US), born in India, and entertaining thoughts of applying for a GC here. Since TN Visas have a limit of 3 years, I would want to get my GC before then, but the queue for India is gargantuan.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#190Hi Peter, My co-founder is a Canadian PhD on a J-1 visa. he has been in the country on the J-1 for 8 years. We incorporated as a C-Corp in June. He plans on switching to a TN eventually. I assume I cannot issue an RSPA (with vesting) or Consulting agreement without violating his J-1, but the TN I think I can. Will this work? What other issues should I be worried about? Thanks.
You should send me his CV but I would probably switch him to O-1 instead because founders/owners can have problems getting TNs now.