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

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

#1
It's 6 months since the last thread, so time for another. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

I’ll be here for the next 5 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I’d like to focus on the impact of the pandemic on U.S. immigration. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

Edit: I am going to take a break for about 30 minutes. Thanks.

Edit 2: Really good clear questions. It’s 3 pm EST and I need to jump off for a couple of hours to deal with a client issue but I’ll return this afternoon/evening.

Edit 3: I'm signing off now. Thank you again everyone. It's been a pleasure responding to your questions. Stay healthy and safe.

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

#5
post #2

I've heard that premium processing has been suspended for H1Bs. If someone on an H1B loses their job right now, what does that mean for their ability to find a new job?

There's no doubt it complicates the change of employer process. That person would have a 60-day grace period after the end of his or her employment during which he or she would be considered in valid H-1B status. The challenge is this: although an H-1B worker can change jobs based on the filing of a new H-1B petition alone, most workers and most companies don't want to make a change unless and until the petition is approved and right now, without premium processing, we just have no idea how long this will take. Note however that once premium processing is brought back, a pending petition can be "upgraded" to premium.

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

#7
Hi Peter, some US consulates around the world are currently shut down indefinitely. My appointment for an L1 visa interview had been cancelled today, as a matter of fact.

Do you have any estiamte when consulate should reopen? Do you see any chance consulates would conduct online interviews at any point, in countries where there are restrictions in place?

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

#9
I'm honestly curious about what happens if someone is supposed to leave the US in the next month or so? (For example, if someone's visa is expiring.)

What is someone is in quarantine? What if someone has genuine travel challenges due to the COVID-19 pandemic?

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

#10

When do you expect USCIS to reopen?

So, to be clear, USCIS service centers are still open and processing applications and petitions, only the local offices have shut down. USCIS's announcement says April 7th unless changed but almost certainly this will be changed and will in the end depend on the facts on the ground but I think it could easily not be until May or even June before they reopen.
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