Hey Peter, thanks for doing this
What changes would you propose to the current immigration system?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
101–110 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#102Hi Peter, What are the implications for a h1b holder join other startup at early stage as early member/cofounder? How much money the startup shall raise? What are implications when accepting offer at less compensation compared to earlier? Thanks
The short answer, with some narrow exceptions, is that I wouldn't recommend joining until the H-1B petition is approved. But generally, the funding and overall operations of the startup are less important than the offered job duties and salary (ideally, it should be above a "Level 1 prevailing wage") and the individual's educational background.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#103Is there any advantage in seeking visas for less trafficked parts of the US tech scene (e.g. not just SF, Seattle, etc)? Or is the location of the employer entirely divorced from the success rate?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#104Hi Peter,
Thank you for your time, I have been in the US for 16 years and stuck on the H1-B-> GC infinite wait list since I am from India. I co-founded a startup that now employs > 10+ U.S Citizens with ~ 1M ARR. Any advice on accelerating my GC application would be immensely helpful
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#105Hey Peter, thanks for doing this What changes would you propose to the current immigration system?
There's a lot I would change but the short answer is don't kill DACA, don't kill the IER - or create a visa for entrepreneurs/founders - and adjudicate fairly rather than with the intent and purpose of denying regardless of the merits.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#106I am a Canadian citizen in California on a TN visa. I have been working on a project that I would like to post as a website and monetize, but has no relation to my TN visa, of course. Is this possible to do without having a green card?
You would need separate work authorization to do that.
Good to know, thanks. Can I ask for slightly more direction on that? Can it be something like https://www.uscis.gov/greencard/employment-authorization-doc... or is there a specific form I can seek to fill out somehow?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#107Hi Peter, Thank you for your time, I have been in the US for 16 years and stuck on the H1-B-> GC infinite wait list since I am from India. I co-founded a startup that now employs > 10+ U.S Citizens with ~ 1M ARR. Any advice on accelerating my GC application would be immensely helpful
It sounds like an EB1A green card could work for you. Send me your CV.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#108I'm a US citizen cofounder working abroad married to a non-citizen, non-green card holding spouse. It appears our company would meets the qualifications for expeditious naturalization of my wife. However, expeditious naturalization requires that she already hold a green card, which she does not. Given that we live abroad and won't be returning to the US while this company requires me to be abroad, is it possible for us to move ahead with expeditious naturalization?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#109Hi Peter, I'm a naturalized Australian citizen with southeast Asian origin. My I-797 petition was approved, but the H1B visa application is under "Administrative Processing" for the past 3 months. I had lived in San Francisco for almost 3 years, and previously held multiple US visas (J1, E3, H1B etc.). I came back to Australia to renew/receive the new H1B visa as I was switching company in US, but currently unable to…
I suspect that your field of expertise is one that has triggered the additional review by the Consulate. There's little that can be done when this is the basis for administrative processing. You could contact your local Congressional office and ask it make an inquiry but unless your application fell through the cracks, this usually doesn't change anything. What's your field of expertise, if I may ask?
Thanks. My masters and PhD are in Electrical and Communication Systems Engineering (EE; TeleComm).
My initial H-1B in Dec 2016 was granted without any hiccups, but it seems that the transfer is about to take ages.
Also, I didn't receive any 221(g) slip after the interview. In fact, the visa interview officer was quick to add that my visa was granted, and I was asked to make the visa issuance fee at the consulate (which we promptly did and returned him the receipt).
However, I did receive email for supplemental information the very next day, to which I replied promptly (within a day), and since then the case is stuck in "Administrative Processing".
> ... but unless your application fell through the cracks
By "falling through cracks", did you mean that they might be doing a lots of extra scrutiny, or is it that I'm at the bottom of the priority right now?
Is there any way to guess how long it might take further -- more than a year?
Thank you.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#110Hi Peter,
A friend of mine is a US citizen from Iran. His father is receiving medical treatment in the US for a very serious condition. His mother wants to visit to be with her husband, but has been unable to get a visa due to the Travel Ban. How can we petition for a waiver? We have contacted congressional representatives, so far no answers. Worried that his mom may not have the opportunity to see her husband if his condition worsens.