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

news.ycombinator.com

321–330 of 341 posts

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

#321

Earlier quoted context omitted.

> ... 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…

Please read this, from another fellow HN user just a few months ago, and let me know what you think: https://news.ycombinator.com/item?id=15679062 This is an employee working with a company where things have been done "by the book", and yet USCIS found a silly reason to deport the candidate.

The comment you link to [1] is not written by a "lawful permanent resident." They were on an H1-B visa. That's lawful, but not lawfully permanent.

[1] https://news.ycombinator.com/item?id=15679062

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

#322

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.

Thanks for your thoughts, Peter :)

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

#323

Hi Peter, Thanks a lot for this initiative :) I am a 28 yr old Software Engineer working in India (Citizenship - India, unmarried). Have around 3 years of experience in IT. My father is a GC holder & he has filed a family based petition for me. My priority date is Nov 7, 2017. Actually, my father was going to wait till he was a naturalized US citizen & then file for my petition, but Trump's activities (cutting off le…

1) An advanced degree would help your chances of getting an H-1B and GC eventually under current law. 2) I really don't know. I never thought he'd get elected. 3) No. 4) No.

Zillion thanks for your revert, Peter :)

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

#324

Hi Peter, My father has applied for my GC and the processing may begin after several years. He’s a GC holder, and may have his oath of citizenship done soon, his lawyer expects the oath to happen this year. I believe I fall into EB2 category. Meanwhile, are there any chances that Trump may try to kill those GC aspirants who are coming via family route? Thank you

I think he will but this would require Congressional action which I think is unlikely even with this Congress.

Gracie :)

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

#325

Earlier quoted context omitted.

Once again, this is a quote where a small "mistake" (if you can call it that) caused a visa holder already in the country to be deported: https://news.ycombinator.com/item?id=15679062

First of all, an H-1B does not give someone not a lawful permanent residence. Second of all, it seems like his/her employer screwed up. The poster was vague on the timing, but if accurate, the employer was supposed to notify USCIS about the change prior to it taking affect (hence the response that they were not notified on time). “If you do not file an amended petition for these employees…, you will be out of complia…

LPR or not, it seems totally scary to me that a visa was revoked because the company committed a minor mistake in filing the notification: for all we know, the company filed the notification in a timely manner but sent a superfluous check with it that caused the document to be returned.

In what world is this something that shouldn’t be considered a minor mistake and be looked past by an immigration officer, considering that the company was in good faith? Hell, the guy didn’t even change employer, it was a simple change of address for the same company!

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

#326

Hi Peter, My father has applied for my GC and the processing may begin after several years. He’s a GC holder, and may have his oath of citizenship done soon, his lawyer expects the oath to happen this year. I believe I fall into EB2 category. Meanwhile, are there any chances that Trump may try to kill those GC aspirants who are coming via family route? Thanks :)

I hope not but I really don't know. That would be a legislative change and that's much tougher than a regulatory change or executive order.

Merci beaucoup :D

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

#327

Earlier quoted context omitted.

Please read this, from another fellow HN user just a few months ago, and let me know what you think: https://news.ycombinator.com/item?id=15679062 This is an employee working with a company where things have been done "by the book", and yet USCIS found a silly reason to deport the candidate.

The comment you link to [1] is not written by a "lawful permanent resident." They were on an H1-B visa. That's lawful, but not lawfully permanent. [1] https://news.ycombinator.com/item?id=15679062

As I said in another comment, LPR or not, it seems totally scary to me that a visa was revoked because the company committed a minor mistake in filing the notification: for all we know, the company filed the notification in a timely manner but sent a superfluous check with it that caused the document to be returned.

In what world is this something that shouldn’t be considered a minor mistake and be looked past by an immigration officer, considering that the company was in good faith? Hell, the guy didn’t even change employer, it was a simple change of address for the same company!

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

#328
post #316

Earlier quoted context omitted.

Not exactly, having enough points means you may get invited to apply for a visa. Points don't guarantee receiving an invitation or being granted a visa.

You missed the bigger point of countries having a significantly better process for handling skilled immigration applications.

No, I didn't. I just didn't want anyone to get the wrong impression that everyone with enough points gets in.

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

#329
post #195

Hi Peter, Here is my situation: I am a person with passport of Russia, but I have chance before me to participate in US startup as co-founder. Company will likely be incorporated in Delaware with US citizen as primary founder. So I have a few questions: 1 - With "startup visa" initiative dead in water would it be possible for me acquire US visa with work permission if company likely going to have no more than 5 emplo…

1. Yes, and an O-1 is often the visa that we get for talented founders (from Russia and elsewhere). 2. With the long view in mind, I would recommend that you all hire a lawyer to handle the corporate stuff.

That’s very interesting. I was under the impression that O-1 visa require verifiable world class talent (such as making the olympics in your discipline). Could you elaborate on what the bar is to be eligible for O-1 visa?

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

#330
post #316

Earlier quoted context omitted.

You missed the bigger point of countries having a significantly better process for handling skilled immigration applications.

No, I didn't. I just didn't want anyone to get the wrong impression that everyone with enough points gets in.

There will always be exceptions but more or less everyone with enough points gets in unless you have some official data which says otherwise.
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