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

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

#131

Hi Peter, I completed my OPT and just received an H1b. I have applied for the i-140(premium processing). I am from an undersubscribed country and all my priority dates are current. I'm thinking about changing my employer and wanted to know the optimum time in the process I should do that while minimally affecting my GC process. Thanks

Was this a self-sponsored I-140 petition or company-sponsored?

It is company sponsored EB3 category.

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

#132
I was born abroad (Mexico) to American parents. In the 90s I was able to get a passport - but it's now expired. When I went to get a social security card they wouldn't give me one, and they wouldn't take my expired passport. I ordered a new birth certificate, but it has several spelling errors, so I'm unable to get a new passport without leaving the country and having my birth certificate corrected.

How can I get a social security card without leaving the country to get my birth certificate corrected? Is there anything the State Department can give me to prove to Social Security that I'm a citizen?

Thanks!

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

#133
I'm a bootstrapped startup founder considering hiring an international student on an OPT (obtained after recent graduation from graduate program in US). Probably more of an employment law question but nevertheless - can I hire this person under an OPT for an unpaid internship. P.S. I would like to pay him but can afford to do so only on defferred terms e.g. upon funding etc.

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

#134

If I were to leave tech and go to law school with an interest in getting involved and helping with the legal issues immigrants are currently facing at the border and elsewhere is there something that would be useful to know? Some particular law school that has a better focus or things you wish you had known when starting out? I figured out how to navigate the tech interview/application process, but don't know a lot o…

Although I have no experience in immigration law, as a former lawyer and software engineer (and the CEO and co-founder of a legal tech startup), I'd caution against moving into law (or at least taking a long hard look and talking to people who have made the transition).

I left a PhD program in CS to go to law school based on ideals around having a positive impact through the legal system. Ultimately, the law is a slow, difficult, and painful system to work through and with. The work is mostly tedious (relative to software development) and most of the time you're not really having a significant or positive impact. It's generally not very rewarding.

I'd be happy to chat if you're interested in hearing more about my take. (itai [at] judicata [.com])

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

#135

I was born abroad (Mexico) to American parents. In the 90s I was able to get a passport - but it's now expired. When I went to get a social security card they wouldn't give me one, and they wouldn't take my expired passport. I ordered a new birth certificate, but it has several spelling errors, so I'm unable to get a new passport without leaving the country and having my birth certificate corrected. How can I get a s…

What did your parents use to get your passport in the first place? Did they get a Report of Birth Abroad at the embassy? If so you can use that. There's also a process to apply for a citizenship certificate from USCIS, but you will probably want a lawyer for that.

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

#137

Earlier quoted context omitted.

How can a new company qualify? I "freelance" through a Delaware-corp I registered a couple of years ago. I am a Mexican citizen, not sure if that changes anything.

Self-sponsorship is prohibited in the TN category (as well as other categories) so this isn't possible unless you have co-founders and co-owners and are treated as an employee.

I was referring to the L1 category which you mentioned above.

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

#138

I was born abroad (Mexico) to American parents. In the 90s I was able to get a passport - but it's now expired. When I went to get a social security card they wouldn't give me one, and they wouldn't take my expired passport. I ordered a new birth certificate, but it has several spelling errors, so I'm unable to get a new passport without leaving the country and having my birth certificate corrected. How can I get a s…

What did your parents use to get your passport in the first place? Did they get a Report of Birth Abroad at the embassy? If so you can use that. There's also a process to apply for a citizenship certificate from USCIS, but you will probably want a lawyer for that.

They were able to use their birth certificates and my old, handwritten foreign birth certificate at the time.

They didn't report the birth to the state department since it was just over the border. There's thousands of people from S Texas with similar problems I've read.

[edit] Also, the USCIS N600 requires a birth certificate as well, so that's why I didn't consider it.

Thanks again for your help.

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

#140
post #75

Does having approved patent(s) qualify someone for an "upgrade" to EB1 at all?

Not necessarily. While that helps, more important is whether the patented idea/product is original and significant and/or has been cited or used by others.
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