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

Post by kreeWall » Tue, Dec 19, 2017, 9:40 PM UTC

proberts wrote: post #218

kreeWall wrote: post #206

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.

Post by proberts » Tue, Dec 19, 2017, 9:42 PM UTC

karaulo wrote: post #203

Hi Peter, I've just started my GC process with my employer and been told that my immigration attorney to choose between EB2 versus EB3. I'm from a country that's counted "Rest of the World" and I've been told that even though EB2 is quicker, the risk with EB3 with RFE makes things may make life harder for us, especially a good part of my employment back in my country of origin was self-employment and kind of hard to…

Post by proberts » Tue, Dec 19, 2017, 9:43 PM UTC

rdednl wrote: post #167

Hi Peter, thanks for doing this. I'm currently holding a J1 visa sponsored by University of California Berkeley ending in March. During several discussions for possible internships starting after the end of my J1 visa, I've been asked if I can enter an internship with my visa, through a renewal or whatever, or I need to get a new sponsorship and start the procedures again. Thanks.

Post by amoorthy » Tue, Dec 19, 2017, 9:45 PM UTC

proberts wrote: post #125

andr wrote: post #120

On paper, E2 visas look fairly easy, as many active businesses can demonstrate $100k+ in investment/expenses and a decent business plan. What are the potential issues there? Why are those visas not more popular?

They oftentimes are easy and a great solution we handle a lot of them. The key, and sometimes the stumbling block, is that "investment" here doesn't just mean transferring money to the U.S. company but it also means the actual expenditure of a substantial portion of this investment by the U.S. company on legitimate business expenses.

Post by proberts » Tue, Dec 19, 2017, 9:47 PM UTC

ofcrpls wrote: post #196

proberts wrote: post #54

Earlier quoted context omitted.

There is now a 60-day grace period after the end of H-1B employment so you would be considered in valid status and "portable" to a new company until the end of February, meaning that as long as the new employer files the H-1B petition before the end of February, you can remain in the U.S. while the petition is pending and even commence employment upon the receipt of the petition. And yes, different companies can file…

If the applicant does not have a filed H-1B petition within the 60 day grace period, can they continue to the stay within the US if their spouse is on a valid immigration status? Can the H-4 change of status be applied after this time while staying within the country?