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

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

#291

Post by forapurpose » Sat, Jul 07, 2018, 12:01 AM UTC

propman wrote: post #73

forapurpose wrote: post #61

Earlier quoted context omitted.

Could you share more details with those of us who are unfamiliar with the issue? People from India have a multi-decade wait to work in the US? That sounds horrible. A new US President may be more interested in immigration. AFAIK the US public largely supports it still, as do the powerful (businesses). It's mostly the nationalists who object.

I agree but missing some info. Republicans in Congress are actually more willing t fix this and bipartisan bills that will for sure pass the House with a super majority have been introduced but not in the Senate. The Democrats don’t want to pass anything without passing DACA because they get no political points and The Trump Administrarion wants some other types of immmigration cut before passing this (giving diversi…

> The Democrats don’t want to pass anything without passing DACA because they get no political points

Which Democrats feel this way? What evidence is there?

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

#292

Post by neil_s » Sat, Jul 07, 2018, 12:07 AM UTC

proberts wrote: post #273

I am going to sign off now. As always, it was a pleasure and honor to correspond with everyone. If I missed your question or if you have a question not asked, either post here - I'll be checking in over the weekend - or send me an email (my email address is in my profile). Have a great weekend.

Thanks for taking the time Peter! In case this question catches your eye on the weekend: Suppose, as an Indian citizen working in the US on an H1-B for a large tech company, I want to start my own company, but don't plan on having funding soon. Would the path be to incorporate a company, get some people to serve as a board of directors for it, and then file a concurrent H1-B? If so, some questions:

1) Can the new startup, with a competent immigration lawyer, file a concurrent H1-B petition with sufficiently high chances of success? Or can the USCIS apply discretion to choose not to approve the petition since it's a tiny company?

2) The concurrent H1-B application wouldn't require me to go through the lottery again, right, since I've already gone through it for my primary one?

3) Is ceding control of the company as simple as electing people you trust to the board of directors, and giving them the power to hire and fire you? While still maintaining 100% ownership with a co-founder?

Also, unrelated question: have you been seeing trends in the acceptance rates for L1A applications? I'm currently working outside the US for a large tech company as a Product Manager, and while I don't directly have people reporting to me, I do have executive-level responsibilities. PMs from my company previously had no trouble getting L1As, but I'm hearing rumors now of things getting harder and slower and more rejections happening on the basis of people not being "manager" enough with the new administration.

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

#293

Post by ganeshkrishnan » Sat, Jul 07, 2018, 12:19 AM UTC

neil_s wrote: post #290

Townley wrote: post #29

In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?

Pretty much every other country. In the UK for example, if you want to work, you just need to get a job offer. To keep numbers under control, they simply put a wage minimum that's high enough. Not fair for positions like nurses and teachers that are valuable to society, but generally ensure skilled migration. If you want to start a startup, a UK university can endorse your startup idea for a 2 year visa, and then rai…

> Not fair for positions like nurses and teachers

In Australia and even in Canada teachers earn as much as IT professionals

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

#294

Post by uiri » Sat, Jul 07, 2018, 12:29 AM UTC

red_professor wrote: post #38

Townley wrote: post #29

In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?

Canada. Transparent, point-based system and a conditional PR for a limited period which can be extended and eventually lead to citizenship.

Harper got rid of the points based system around 2013.

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

#295

Post by lloydde » Sat, Jul 07, 2018, 12:29 AM UTC

rezashirazian wrote: post #279

proberts wrote: post #60

Earlier quoted context omitted.

The TN process can be very quick and easy but it's definitely getting a lot tougher and the outcome oftentimes really depends on the NAFTA occupation - some are straightforward and some aren't - and, as a general rule, it's easier to get a TN as a Mexican citizen than as a Canadian citizen.

As a Canadian I got my TN at the port of entry. I've talked to Mexican nationals who said they had to go to a consular and pass an interview before getting their TN. Unless this has changed recently, this comment is not true.

I read @proberts comment to say Mexicans are more successful than Canadians at getting TN visas. That the Mexican process is more onorous does not necessarily influence the outcomes. Maybe, that a Canadian TN application is solely decided at the border works against it.

Unfortunately AFAIK there are no published statistics for TN approval rates.

It might also be worth noting that TN is not a dual intent visa like H1B.

IANAL.

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

#296

Post by lloydde » Sat, Jul 07, 2018, 12:31 AM UTC

ganeshkrishnan wrote: post #293

neil_s wrote: post #290

Earlier quoted context omitted.

Pretty much every other country. In the UK for example, if you want to work, you just need to get a job offer. To keep numbers under control, they simply put a wage minimum that's high enough. Not fair for positions like nurses and teachers that are valuable to society, but generally ensure skilled migration. If you want to start a startup, a UK university can endorse your startup idea for a 2 year visa, and then rai…

> Not fair for positions like nurses and teachers In Australia and even in Canada teachers earn as much as IT professionals

Not true of average wage in British Columbia, Canada. IT pays much better than teaching.

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

#297

Post by yzmtf2008 » Sat, Jul 07, 2018, 1:26 AM UTC

uiri wrote: post #294

red_professor wrote: post #38

Earlier quoted context omitted.

Canada. Transparent, point-based system and a conditional PR for a limited period which can be extended and eventually lead to citizenship.

Harper got rid of the points based system around 2013.

Not true. https://www.canada.ca/en/immigration-refugees-citizenship/se...

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

#298

Post by [deleted] » Sat, Jul 07, 2018, 1:33 AM UTC

proberts wrote: post #218

jack345 wrote: post #184

Earlier quoted context omitted.

India.

Then it's very slow, unfortunately, not 150 years but up to 10 years.

[deleted]

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

#299

Post by uiri » Sat, Jul 07, 2018, 1:45 AM UTC

yzmtf2008 wrote: post #297

uiri wrote: post #294

Earlier quoted context omitted.

Harper got rid of the points based system around 2013.

Not true. https://www.canada.ca/en/immigration-refugees-citizenship/se...

It appears that Trudeau has moved to a hybrid of the Express Entry system when it was introduced and the old points based system. This describes how it worked a few years ago: https://www.cbc.ca/news/politics/immigration-changes-to-watc...

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

#300

Post by jonhohle » Sat, Jul 07, 2018, 2:14 AM UTC

deanmoriarty wrote: post #111

Hi, first of all thank you for your time. I have been a green card holder for a bit more than 5 years now, and would like to move forward with the naturalization process. For better growth opportunities, I changed employer soon after my green card was obtained (about 2 months after). I have stayed with my former employer (big enterprise which sponsored my H1B and then GC petition) for 3+ years, and with my current on…

    > ... especially considering the new administration?

Not to be rude, but it sounds like you are a lawful permanent resident. Do you have any evidence that suggests that lawful permanent residents are being treated any differently by the government now or in the future by the government? There’s a lot of FUD trying to conflate what’s happening to people entering the country by bypassing official immigration processes and those, like yourself, who have done things by the book.