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

Hi Peter,

Thanks for doing this!

I am on a US Green Card, living outside US for about 2 years 3 months, with a re-entry permit and N-470 approved. However, I have been making quarterly trips to the US except for one long stretch of 10 months. Thereby I have totaled perhaps 3-4 months of time spent in the US in this duration.

I am interested in preserving by green card as well as ability to file US citizenship. What would be a good option for the same?

1. Renewal of re-entry permit? 2. Moving back to the US, and then shortly filing for citizenship?

I have heard that to file for citizenship, I need to be present in the US for 2.5 years cumulative in the last five years, and also be there in the last 90 days.

So it seems from this that if I chose option '1' to stay out for two more years before moving back, it will be a few years before I can file for citizenship to complete 2.5 years cumulative spent in the US in the last five years.

If I move back before the expiry of re-entry permit in mid-March 2019, then as I understand, I can file for US citizenship after 90 days of moving back and then perhaps receive it within say 6-9 months of the latter. During this period, including the 90 days, can I make short international trips?

Given the current situation, do you think a reentry permit renewal may even get approved?

Thanks.

Hi Peter,

I am a software engineer from India. I was on a H1B for roughly 1.5 years working for a startup. Due to various reasons, I quit my job ~2 months ago (my last paycheck dated Oct 15th). My i94 doesn’t expire until January 2020. My questions for you:

- Could I technically stay in the US till my i94 expires without a job? (As I’m not accruing unlawful presence)

- Could there be complications if I find a new job in the next few months and file for a H1B (say through consular processing) if I’ve been out of status for more than the allocated 2 months.

- Would you suggest I file a change of status to B2 right away to maintain status?

More broadly: I’m burnt out and need a little breather before jumping back into the job market. Realistically, I hope to find a new job by Feb/March and file for a new H1B.

Thanks!

Hi Peter, thanks for your time. This year it seems there is a significant delay in H1B processing and their effective dates. As an example, I was selected in the lottery but have not heard anything from USCIS since May. Is there anything I (or people in similar situations) can do? Have you heard anything in regards to when applications should expect approval?

In addition, I have heard that USCIS has been rejecting H1B transfers immediately without issuing RFEs. Have you come across these cases? What would you recommend people who are transferring H1Bs do?

You are out of status now and 60 days has elapsed since your employment ended so you can't change or extend your status in the U.S. That being said, being out of status rather than being an overstay - that is, staying past your I-94 expiration date - is much better and if it is relatively brief (and doesn't include unauthorized employment) shouldn't impact a subsequent H-1B visa application.

No (although I'd still go anyway!)