Live data from Hacker News

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

news.ycombinator.com

81–90 of 253 posts

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

#81

Earlier quoted context omitted.

It's the course credits that matter. He should make sure that the school is an accredited institution of higher education of course but I'd also have him run this degree program by an education evaluation service.

Thanks so much for the reply! Just a brief followup- whats the reason for the education eval service? For context the school is US based, accredited, online and for-profit.

I'm not sure the issues people have with this school but there is also a fully accredited online/self paced school at Western Governors University, just so you know.

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

#82
post #26

Curious what you think (though given your profession I expect a somewhat biased response) - is there really a skills shortage in the US or do you think companies are trying to get cheaper workers?

In my experience, I really do see a shortage of skilled workers and incredible competition for these workers.

Those are all good points and I'm not an expert in hiring. I just know that our clients - which is a narrow view of course - are simply looking to hire the best person for the job, regardless of immigration issues, and sometimes the best or just available person is a foreign national.

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

#83

Hi, Peter - thank you for doing this! I'm one of the lucky ones - my I-485 was approved for LPR on the last week of July (EB2, RoW). I've got the I-797 to prove it! :-) The funny thing is that I'm STILL waiting for the actual green card - USCIS has been adamant that "60-120 days between approval and card issuance". I've been told twice, on the phone, that under no circumstances will they even allow me to schedule an…

That's not normal. I would reach out to your local Congressional office and ask it to make an inquiry. This is done all the time.

This is a perfect example of unseen/unknown/inaccessible backdoors for most (non-)immigrants in the U.S. The (apparent) complete opacity of USCIS when it comes to delays like this can be devastating. I know several people who had job offers rescinded in late 2018 because their H-1B RFEs or approvals arrived way past October and they had been waiting nearly a year or more for adjudication after making it through the lottery.

Thank you for sharing this tip, still it's so infuriating.

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

#84
Hi Peter,

I'm a Canadian permanent resident (Australian citizen/passport) I have a valid B1/B2 visa which allows me into the US for 6 months at a time, but obviously no work permitted. I have questions about what constitutes "work" and I don't want to break the rules.

1. I have published some books, and have hard copies of them I bought. Am I allowed to physically sell those (for profit) while I'm in the US?

2. If I give talks in public venues (community halls, etc.), can I charge admission for porfit? What about "admission by donation?"

Thanks very much!

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

#85

Earlier quoted context omitted.

It's the course credits that matter. He should make sure that the school is an accredited institution of higher education of course but I'd also have him run this degree program by an education evaluation service.

Thanks so much for the reply! Just a brief followup- whats the reason for the education eval service? For context the school is US based, accredited, online and for-profit.

Just to make sure that the degree is truly considered a valid U.S. bachelor's degree.

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

#87

Hi Peter, I'm a Canadian permanent resident (Australian citizen/passport) I have a valid B1/B2 visa which allows me into the US for 6 months at a time, but obviously no work permitted. I have questions about what constitutes "work" and I don't want to break the rules. 1. I have published some books, and have hard copies of them I bought. Am I allowed to physically sell those (for profit) while I'm in the US? 2. If I…

1.) Really no but someone else on your behalf could. 2.) You can't charge admission but people could make donations to a third-party non-profit.

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

#88

What happens to a GC application that's waiting for priority date if I leave the country for a few years? Similarly, what happens to the H1B that's based on the GC petition. Would that still be valid/renewable?

The facts matter here but it's possible for a green card application to continue under these circumstances and for an H-1B to remain valid under these circumstances.

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

#90

What are the best GC options for current H-1B holders without a PhD or founder status? It seems like the EB-1 is very much equivalent to the O-1 in terms of evidence.

Most end up having to go the employment-based PERM labor certification application route but sometimes a national interest waiver (NIW)-based green card application is a very good - and better - option and this does not have to be tied to a company.
Post reply on HN