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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
81–90 of 322 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#82Hi Peter, thank you for taking time to help us.
I already have my EAD and just waiting for my green card to be issued. I was expecting my priority date to be current this month however USCIS suddenly had a retrogression back to Jan 2017 plus the covid-19 outbreak so I figure it will probably take more time for them to issue my green card. For the meantime, I can work with my EAD, however due to covid-19, I learned that my project will be cut by end of the month. So I will be unemployed. My question is will I be able to work for another company using my EAD even if it was sponsored by my current company?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#83Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019, which is valid until Sept 2021. I cancelled my scheduled visa interview last 2019 due to family reasons. I am still working with my employer and working remotely as an independent contractor with them. My question is if I can still use the H1B petition later this year or early next year before it expires (depends on when the Covid19 crisis ends). I got denied twice before back in 2017 and 2013 for B1/B2. Now, I have enough ties in my home country, married with two kids, and have travel history to Japan and Singapore. Do you know if my previous denials for the B1/B2 visa would affect my H1B approval?
Thanks Peter.
P.S. We applied in YC last year but did not make it to the final round. But still, the feedback we got from YC enabled us to pivot quickly which we found to be very valuable.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#84I just learned that the US classifies my masters degree as a bachelor degree equivalent for the purposes of immigration, putting me in the EB3 rather than EB2 category, having a big impact on the timeline. It seems to be based on a central system, is this something that's possible/worthwhile to fight as I strongly disagree with this decision (won't go into details here). And have you seen previous successful changes of that categorization?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#85I am on H1b working for an e-commerce company, can I work for a startup in parallel during off hours and take equity only, no salary. Also the startup is nowhere related to what my e-commerce company is doing
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#86I was just selected for the H1B lottery but am concerned about my job safety (layoffs) this year before I can get an H1B. If I lose my job prior to being issued the H1B what are my options? Are there precautions I could consider taking now?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#87Hi Peter, thanks for your time.
I have applied for a GC through marriage. I am currently on a H1B via my employer. I have already received my EAD but waiting on the GC interview which might take a while given the current state of affairs.
1) Can I change employers using an EAD? 2) My EAD expires in a year. Are EAD renewals generally painless?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#88I am on H1b working for an e-commerce company, can I work for a startup in parallel during off hours and take equity only, no salary. Also the startup is nowhere related to what my e-commerce company is doing
This is a complicated issue and more nuanced than this but providing a service to a company in exchange for a benefit constitutes work requiring work authorization. If you'd like to discuss the particulars, please email me separately.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#89From the employer standpoint, if the wage is slightly lower (within $1,000) of the standard wage for the SOC code, what would be our options? We still want to sponsor, but don't want to get in trouble if we give a raise. Thank you, this is so helpful to read the other questions and answers!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#90Hi Peter, thanks for your time. I have applied for a GC through marriage. I am currently on a H1B via my employer. I have already received my EAD but waiting on the GC interview which might take a while given the current state of affairs. 1) Can I change employers using an EAD? 2) My EAD expires in a year. Are EAD renewals generally painless?
Yes to both.