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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

#121

Post by proberts »

sercand wrote: post #111

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.

Because the reason that you are unable to return is outside your control, in the end you should be fine but if at all possible, you should return to the U.S. within 12 months of departing.

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

#122

Post by proberts »

arcticbull wrote: post #105

Hey Peter, as of about two months ago, I have an approved I-140 and a pending I-485. I also just last week completed an H-1 transfer valid for 2 years. I'm a California resident. With everything going on: (1) If I went to stay with my family in Canada (I am a Canadian citizen) until this blows over, would I, as things stand today, be allowed to return to the US? (2) Given office closures and general craziness, is the…

1) Would you be returning to the US to work for your H-1B employer. If so, without knowing all the facts, you should be fine. 2) I'm not sure what you are asking here.

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

#123

Post by ita »

Hi Peter. I'm from Brazil and I've recently finished my Master's in the US and have been working in CS under opt for the last 6 months. My company missed the H1-b deadline. Do I have any other options / anything else they could still do this year besides applying for the stem extension?

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

#125

Post by proberts »

lsllc wrote: post #116

Given 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).

Legally, no since there's no requirement to test the labor market before sponsoring someone for H-1B classification. As noted above, however, this could impact the green card process.

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

#127

Post by mgh2 »

proberts wrote: post #51
alibaba_x wrote: post #29

As a Canadian, what’s the best way to advertise to potential employers my eligibility for the TN visa, and emphasize how much less hassle it is than H1-B visa sponsorship?

Somehow as soon as possible in the application/recruitment process, let the potential employer know that although "sponsorship" is required, the process can be quick, cheap, and easy.

How "easy" you mean? Can the worker do it by themselves? What is the cost compared if we go with a lawyer?

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

#129

Post by proberts »

ravisb wrote: post #126

Hi Peter, Thank you for doing this. My question: Are non-founders who are chief executives (like CTO, CSO) in a startup eligible to apply in O-1 category? What is the success rate for O-1 applications you have seen? Thanks!

Absolutely. That's hard to say because the outcome depends on the strength of the individual's background but lots of O-1 petitions get approved for talented non-founders.

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

#130

Post by proberts »

johndavid9991 wrote: post #113
proberts wrote: post #95

Earlier quoted context omitted.

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?

If this happens before October 1, 2020, then under present law, no.
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