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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

#211

Earlier quoted context omitted.

That's odd. You might want your employer to reach out to a Congressman's office to follow up with the Consulate. Were you given any reason at the time of your interview?

Yes. We did that. The reply from USCIS had nothing other than the standard reply. They didn't tell me anything in the interview. Just took all my papers.

That makes no sense. I would have the Congressman's office reach out again. What's your area of expertise?

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

#212

Don't know if this is the forum to ask or you have the knowledge but i'll ask anyway. Is there a reason why India alone receives more than 70% of all H1b visa (more than twice every other country combined)? Is this by design or accident? (Also I find most immigration question forums tend to be dominated/overwhelmed by Indians and their specific immigration questions) *update with relevant link: https://www.recode.net…

Statistics. Imagine 70% of all applicants being Indian nationals. Randomly sample all the applicants and with a big enough sample size, the distribution will be the same, i.e. ~70% of your samples will be Indian nationals. Countries that have the most people in the world have the most people in the H-1B application process as well. China and India are my guesses, without looking at the publicly available data on H-1B…

I'm surprised to see a large gap between Indian and Chinese (6:1). Sampling SoMa rush hour traffic, I would expected something like 3:2 to or even 1:1 ratio.

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

#213
Hi Peter, wondering if you have worked with many Aussies with the E3 while working with startups, and the general perception of hiring those eligible for E3 visas? Just wondering about your thoughts on that, or any general advice when going for an E3. Thanks

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

#214

Hi 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.

Can do. What is a good email for you?

Thanks

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

#215

How would you recommend the government address HB1 fraud, where people on HB1s are hired by temp agencies, and thus have a much lower prevailing wage than US employees?

Probably the current approach, which is to conduct site visits.

As far as I can tell, that is not working because outsourcing companies are getting a significant percentage of the HB1 visas.

https://www.nytimes.com/interactive/2015/11/06/us/outsourcin...

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

#216

I'm currently working for a large U.S. company, on their offshore global services subsidiary, as software developer. I've been working for a year and a half (fully employed). First question is, do I qualify for a L1B Visa? (I have both a bachelor's and Master's) Second question is, do you consider that a good route to a Green Card? I wouldn't want to go to the U.S. unless I'm confident I can go the Green Card route.…

The answers to your questions, in order: you might qualify for an L-1B but this would depend in part on the nature of your specialized knowledge of the company's proprietary products, systems, etc.; underlying status has nothing to do with green card options, the green card requirements are separate and apart but on the face of it, it looks like you would have a solid PERM-based green card application; not necessarily but you would need to stay with this employer for a while, while your green card application is pending, before you could "port" your application to another employer.

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

#217

Hi Peter, thanks for answering these questions! My question is related to the H1B1 (for Chile and Singapore). Is this still a visa that's relatively easy to get, even for startups? When I moved to the US it was only a couple of weeks (on my end, as an employee), no window and (virtually) no caps. How is it now for startups compared to the regular H1B? My understanding is that they only need to get the LCA for that po…

Yes, it is still a relatively easy visa to get. As you know, the requirements are similar to the H-1B but the application can be filed directly with a Consulate, which is a significant advantage.

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

#218

Hey Peter! Thanks for doing this! I'm currently working on OPT STEM extension (F1 has expired so no re-entry) and my company is trying to apply for my H1B - am I allowed to work towards an online masters? Do I need to be on a new F1 to do this or can I just do it? Is this different depending on how many credit hours I take and whether I do this degree seeking or not? Also, can I take random classes at a University or…

You can just do this but if and when you are in H-1B status, the majority of your time should be spent on your job, not on your master's degree education.

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

#220

I am on a TN1 visa and need to get a H1B as a next step: -two years in a row I have failed with my current employer, will I have better luck if I change employers ? Are their stats available ? -what happens if you are let go from your company and you are on a TN1, how long can I stay legally, but also practically speaking as well ? -will it be harder to get a re-stamped for a TN1 in the future ? NAFTA is being redraw…

The odds of getting selected in the lottery are not tied to the identity of the sponsoring company so a change won;t change these odds. You would have 60 days from the date your employment ends to do something - filing a new TN petition, for example - before you would need to leave.
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