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

news.ycombinator.com

271–280 of 289 posts

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

#271

Thanks a lot for doing this Peter! As a J-2 visa holder, who has been issued an EAD, I will need at some point get a company to sponsor me via H1B. Questions: a) If I get the H1B visa, my J-2 visa status is abolished? b) If the company then fires me, am I able to switch to J-2 visa again? Will I need to re-apply for the EAD? c) Can H1B and EAD somehow co-exist? In my understanding, it will be best to keep the J-2 vis…

I am not a lawyer, this is not legal advice. Is there any two-year home residency requirement on the J-1 holder's visa (check DS-2019)? That may affect your ability to switch to H-1B (or any other visa).

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

#272
post #186

Hi Peter, I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live with a girlfriend, who is quite interested in marksmanship. As I understand it, non-immigrant resident non-citizens are essentially barred from owning firearms. This is fine; I don't feel the need to own any. But my concern is about my girlfriend. I have heard it said from some firearms enthusiast friends of mine that, because me…

Get a hunting licence. Then you fall under an exemption for legal noncitizens,it seems: https://www.quora.com/Can-a-foreigner-buy-a-gun-in-the-Unite...

Quora is a horrible source to rely on for this.

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

#273
post #186

Hi Peter, I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live with a girlfriend, who is quite interested in marksmanship. As I understand it, non-immigrant resident non-citizens are essentially barred from owning firearms. This is fine; I don't feel the need to own any. But my concern is about my girlfriend. I have heard it said from some firearms enthusiast friends of mine that, because me…

Wow. That's an interesting question and something that I've never looked into. Email me as a reminder and I'll look into.

Note that there's a big distinction between somebody not authorized to buy handguns himself vs. people excluded from any possession thereof (felons, domestic violence conviction, etc.)

Also, handguns have far more restrictions than long guns (rifles/shotguns).

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

#274

Earlier quoted context omitted.

Admittedly, it's a tough balance but there are ways to do this without crossing the line. I can talk offline with you about this but the main line not to cross is compensation.

I don't quite understand what is meant by "not to cross is compensation"

Don’t pay yourself and it’s easier to say you are not employed.

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

#275
Hi Peter,

My company based in Taiwan is about to send me (a Canadian) to the US to help set up new branch and lead business development. Some senior management in the company think I should get the L1-b VISA. But according to my research, L1-a seems more suitable. What's you opinion?

Thanks!

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

#276
post #186

Hi Peter, I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live with a girlfriend, who is quite interested in marksmanship. As I understand it, non-immigrant resident non-citizens are essentially barred from owning firearms. This is fine; I don't feel the need to own any. But my concern is about my girlfriend. I have heard it said from some firearms enthusiast friends of mine that, because me…

[deleted]

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

#277

Earlier quoted context omitted.

Get a hunting licence. Then you fall under an exemption for legal noncitizens,it seems: https://www.quora.com/Can-a-foreigner-buy-a-gun-in-the-Unite...

Quora is a horrible source to rely on for this.

Not sure about Texas, but as a Canadian in California on H1b I was able to buy a gun after completing a hunter education course and getting a hunting license. A fellow Canadian on TN did the same.

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

#278

Thanks a lot for doing this Peter! As a J-2 visa holder, who has been issued an EAD, I will need at some point get a company to sponsor me via H1B. Questions: a) If I get the H1B visa, my J-2 visa status is abolished? b) If the company then fires me, am I able to switch to J-2 visa again? Will I need to re-apply for the EAD? c) Can H1B and EAD somehow co-exist? In my understanding, it will be best to keep the J-2 vis…

I am not a lawyer, this is not legal advice. Is there any two-year home residency requirement on the J-1 holder's visa (check DS-2019)? That may affect your ability to switch to H-1B (or any other visa).

There is, but it does not apply to me.

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

#279
post #83
post #24

Question for the admins (dang and sctb). This seems like an attorney trolling for work a few times per year. https://news.ycombinator.com/submitted?id=proberts Note other AMA's which are typically different: https://hn.algolia.com/?query=%22AMA%20%22&sort=byPopularity... Is this allowed because the poster 'does work for YC' meaning if another attorney did the same thing on a regular basis it would get flagged?

No, no! Peter has been kind enough to lend his time (again and again) to the Hacker News community at our request. We appreciate you looking out for good behavior around here and I can tell you that this is extra-good.

Thank you. I don't understand the down voting for simply asking a question in an appropriate manner. It's one of the things that I dislike about the community.

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

#280

Earlier quoted context omitted.

I appreciate your prompt response and help.

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

The i485 depends on i140 being approved and requires more lawyer fees and prep. If you concurrently file and i140 gets denied, the employers have to swallow the cost. By having me pay for premium processing for i140, they minimize their cost without significantly affecting waiting time.
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