Hi Peter, thanks for doing this.
My Question: I have got the green card through diversity lottery and I am currently outside of the US since January. I know that I would lose my green card if I would be away too long outside from the US. How would the COVID-19 situation affect me I don't enter the US next 5-6 months.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
111–120 of 322 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#112Hey Peter, thank you for doing this! My question: Soon I will receive an employment-based green card (EB-3). How soon after can I leave my job without fearing any adverse consequences? Background: Some friends have told me that if I leave too soon, then later if I apply for citizenship, I may be denied. The reason would be that I hadn't made my green card application in earnest, since leaving so soon shows I didn't i…
Almost certainly you will be fine to leave soon after getting your green card. The risk, which should be low or even nonexistent, will depend on when the I-140 was approved and when you filed your I-485 application.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#113Hi 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 end…
Yes, as a general rule, you still should be able to use the approved H-1B petition to apply for an H-1B visa and work in the U.S. and your prior B-1/B-2 denials shouldn't impact your H-1B visa application since the reason(s) for those denials aren't reasons to deny an H-1B visa application. Make sure to retain counsel however because you should talk through your H-1B visa application and subsequent entry to the U.S.
Thank you, Peter. My follow-up question is if my company don’t survive the covid-19 crisis. Can my approved H-1B petition be transferred to another company?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#114What'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.
I had a DUI like 10 years ago and I still get taken to secondary screening every time I enter. Will submitting a complaint help my case too?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#115Hi 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 th…
As a general rule yes, you can work for another company on your EAD, but you should consult with an attorney regarding the continued viability of your green card application.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#116Given the large number of layoffs in the economy, do you think it's going to be more difficult to get H1B applications passed by USCIS given they might argue that it should be now "easier" to hire qualified Americans?
(particularly for people currently on an F-1 completing their work experience and going on to apply for an H1B through their current employer).
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#117Hey Peter, There was a recent immigration ban on my country of origin through an executive order.Do you know of any option to apply for a green card in this scenario?
Are you inside the U.S. in valid immigration status or outside?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#118From 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!
If I understand your question correctly, there is no option to pay below the prevailing wage other than by utilizing or commissioning a private wage survey - but these are often rejected as invalid.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#119I 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…
It's definitely worth having someone evaluate because there can be errors.
e.g. last election.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#120What should one do ahead of time to prepare for the filing to remove conditions on a 2-year green card that was acquired via an I-130 spousal petition? What are typical ways to prove one's lives are intertwined, is it enough just to have a joint bank account or do you have to add them to everything? Is it a worry if one spouse doesn't have a job, due to Trump's push against those who "might become" a burden to the st…
If it was a valid marriage when entered into and when the green card was issued and the couple is still married at the time of filing the I-751 petition, then there's really nothing at all to worry about or prepare for now, until it's time to file the petition.