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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

#251

Post by eaenki »

ughthiscountry wrote: post #240

Finally on an EB-1 (yay!) but haven't left the country in years because of my anxiety crossing borders. I've heard stories of green card holders getting turned around at the border for admitting to smoking weed etc - have you heard whispers of anything like this recently? I get the difference between federal law & state law; is this the kind of thing that USCIS would have access to dispensary records for, or are they…

Not a lawyer, Never heard of that, sounds borderline ridiculous. Most likely it happened, but you're most likely to die on the plane back. It's all in your head. Go and have fun.

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

#252

Post by mallocfree »

proberts wrote: post #139
vikiomega9 wrote: post #74

Thoughts on the EB5 visa route?

A minefield and with significant delays now. I would look at other options.

do you see any changes coming to EB5 program? Apart from delays which are potential downsides? Thanks!

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

#253

Post by datpuz »

proberts wrote: post #35
datpuz wrote: post #33

My girlfriend is a doctor in her last year of her medical fellowship on a J-1 visa. She's looking for a job in a medically under-served area but not having a lot of luck. Is there any other way for her not to have to go back to India for two years (it sounds like even marriage to me, a US citizen, won't help her)?

An O-1 would be an option since the 2-year home residency requirement doesn't apply (but it would require her to leave and apply for an O-1 visa after the O-1 petition was approved by USCIS).

Thank you!

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

#254

Post by abhinav_kuru »

Hi Peter, I recently received an RFE on my O1. They need to see if i judged any event. Although i am an advisor on other startup boards and have been an organizer at social meetups in my industry, what else can I be showing that will add my case.. Also if we are in Tech start founder, what can be an alternative to showing publications. We have press coverage, articles, clients signed testimonials etc. What else do you suggest?

Appreciate your advice here!

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

#255

Post by mallocfree »

Hey Peter,

Thanks for doing this AMA. My question is regarding EB1A. I work in large tech firm in US, have masters degree in CS, with couple of IEEE publications and some US approved patents. Original work with total citation count ~40. I am in critical engineering role in my company in their flagship product (can get recommendations as well if needed). What are my chances for EB1? Thanks again!

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

#257

Post by totally_fedup »

Hey Peter,

Missed dropping a message during regular hours. Anyway, hope you read this.

So I'm currently on an EB2-H1B visa, got it approved in August 2017. I've few questions :

1) If my current employer files for i140 and it gets approved, can I safely switch employers right after?

2) As a follow up to that question, in the future, If I want to leave the US for few years (cos of frustrating EB2 backlog) and work for a different company in Europe/Canada - will I lose my priority date or position in the queue? If not, can I come back in the future provided an employer is willing to file my H1B?

3) My GF's currently in India and we are planning to get married next year - she's a graphic design graduate, what are the odds of her getting to work on H4-EAD (or H4-EAD still being around) provided I can get my i140 approved?

Thanks for taking time, Peter!

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

#258

Post by rb808 »

postit wrote: post #195

Hi Peter, I‘m a contractor to an US company who leads both teams and projects. My company wants me to move to US and they are trying to convince me to apply to an H1B. From my understanding this visa is a pretty unsafe if you‘re already in your 40‘s and want to settle yourself. I‘ve seen a category called EB1-3 which grants GC for both partners and children under 21. But the requirement says I should be an employee i…

Look at L1A visa - still need to be an employee for a year but I easier for your company then a EB1.

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

#259

Post by knguyenba »

sadlion wrote: post #237
proberts wrote: post #218

Earlier quoted context omitted.

Then you should wait until the I-140 has been approved and the I-485 has been pending 6 months before leaving.

I appreciate your prompt response and help.

Why having to wait? You can file 140 and 485 concurrently
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