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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

#61
post #47

What's the best way to clear up your immigration record? e.g. when you overstay less than 6 months, you get "blacklisted" - it becomes hard(er) for you to get a new travel visa, but more importantly, even if you do get it, every time you try to go to the US you get taken to the backroom

One option - depending on all the facts - is to submit a "complaint" under the DHS TRIP program. This oftentimes works to resolve that entry issue.

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

#63
post #53

Thanks for doing this Peter! How do you think pending AOS employment based applications might be affected? I anticipate longer processing times due to closure of local USCIS offices, do you foresee any other risk such as suspension of these applications? (This is post EAD and AP). Thanks!

That main impact would be on the PERM process but if you are past that or going a different route, then I really don't see much change beyond delays because of the closure of local USCIS offices.

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

#64

Would accepting disaster relief checks or getting the covid-19 loans forgiven can get us being a “public charge” and block us from getting immigration benefits?

At present, it doesn't appear that these would qualify as impermissible "public benefits" from an immigration perspective. The same also applies to unemployment insurance benefits.

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

#65

Hi Peter thanks for doing this. I'm currently working under a TN Visa which expires on May, but my I94 expires on 2021. My question is, If I want to change employer (it will normally take me 1 week because I travel to Mexico and do the process in the US embassy there). If it is possible to still get a TN Visa from US and without premium processing how long does it takes? Thanks

It is possible but without premium processing, it's impossible to say how long that process will take. It could be weeks or months. But note that when premium processing returns, a pending petition could be "upgraded" to premium.

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

#69
Peter, thanks for your time. We recently interviewed a master's student from a local university for a position with our company. She's an international student on an F-1 Visa, and she was initially hoping to join the team as an intern. It does not look like an internship will be approved until she finishes the first year of her program (OPT requirement, I believe). Can you offer any guidance on her eligibility to work with us as a paid contractor, or recommend other ways we could work together? Also, has anything changed re: OPT / CPT given covid-19?

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

#70

Peter, thanks for your time. We recently interviewed a master's student from a local university for a position with our company. She's an international student on an F-1 Visa, and she was initially hoping to join the team as an intern. It does not look like an internship will be approved until she finishes the first year of her program (OPT requirement, I believe). Can you offer any guidance on her eligibility to wor…

CPT should still be an option.
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