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

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231–240 of 341 posts

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

#231
Hi Peter, thanks for doing this.

I'm on the 4th year in my H1B - when's the latest I can start the PERM/GC process and without risking the deadline (5th year H1B anniversary)? I'm in a dilemma on whether I should do the GC process with current employer or switch jobs now (given that it could take 2+ years). Thanks!

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

#232

Hi Peter. What are your thoughts on the government counting derivatives of employment-based green card applicants against the per-country and overall quotas, thus worsening the current visa backlogs? There are opinion articles that argue the government's interpretation of the law is wrong and could be challenged[1]; I would be interested to hear your thoughts on this issue. Thank you! [1] https://www.cato.org/blog/pr…

I think that it's clearly wrong and it's clear that the motivation is political not legal.

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

#233

Hi Peter, What are the chances of RAISE act being approved by Congress? It aims to curb legal immigration by more than 50% over the next 10 years. Really wanna know your opinion on this.

Even with this Congress, I think that the chances are low.

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

#234

Hi Peter, here is the summary of the situation: - The person has been a GC holder for a little over 2 years now and has not been out of the US for over 10 years for any significant period of time. - The person has recently left the previous company that sponsored her GC (big enterprise) after 8 years there in order to join international remote-only startup that is expected to have US presence in about a year. - The p…

Given the facts above, I think not at all with the exception of the acquisition of a "golden visa," which could be construed as the intent to reside permanently in that country (as opposed to reside permanently in the U.S.).

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

#235
post #200

Hi Peter, I'm currently a remote freelancer and have spent the last 5 years on the move and working in different countries. My main client base is in the UK (where I'm originally from). I would love to move to the States, however I would obviously need to get a work visa. My research has only really lead me having to stop freelancing and get sponsorship with an US company. So, I was wondering if there are any other r…

The options are a green card (if your background is strong enough) or an O-1 or an E-2 visa through your own company. What's your country of residence?

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

#236

Hi Peter, I am currently on a L1B Visa, company wants to sponsor the green card process. As part of the initial process, they asked my manager for a list of skills that I possess, and to me they asked me to fill in how I got those skills and how to verify them (diplomas, letters from employers, etc). I have picked plenty of those when I had my own company and also on my own, but apparently this is usually not admissi…

How long have you been with your current employer in the U.S., have you held different positions with this company, and how long were you employed before transferring to the U.S.?

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

#238
Dear Peter,

A citizen of Central Europe (not in Visa Waiver List) who needs to travel regularly to USA to attend different workshops/conferences. Every year I have to apply for B1/B2 (because of Technology Alert List I guess) anew.

1) Is there a better visa option especially if my main employer is a big tech US company? (with EU-based local R&D office)

2) May a B1/B2 holder do work for a short period of time (a week or two) while being in US?

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

#239

Earlier quoted context omitted.

Why do some people capitalise ‘visa’? What are you under the impression it stands for?

chrisseaton, I don't get your question. Imagine a person while working for company has motivation to start a company. The option is move back to country of origin or to a different country or stay in US. My question was about staying in US and starting the company.

I was asking why you wrote ‘visa’ in capital letters. It’s just a normal word. It’s not an abbreviation.

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

#240
post #231

Hi Peter, thanks for doing this. I'm on the 4th year in my H1B - when's the latest I can start the PERM/GC process and without risking the deadline (5th year H1B anniversary)? I'm in a dilemma on whether I should do the GC process with current employer or switch jobs now (given that it could take 2+ years). Thanks!

You also can extend beyond the 6th year based on an approved I-140 so actually the GC process can be started in the final year but this is riskier of course. Our generally practice is to kick it off at the beginning of the 5th year but I also feel strongly that it's almost never worth it to stay in a job for immigration reasons and that if you're inclined toi switch, switch soon and negotiate with your new employer to sponsor you relatively soon (after you've proven yourself).
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