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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

#161

Post by Natsu »

proberts wrote: post #120
Natsu wrote: post #92

What 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.

Sure, we've always intended to spend our lives together, but I've heard various advice like making sure to more fully merge one's finances, put the spouse's name on bills, etc. and wondered more about that and whether there's any indication that Trump's rule might be bad for non-working spouses, even if the couple's overall finances are very healthy.

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

#162

Post by proberts »

alpacaillama wrote: post #141

Hey Peter! I am an international student in Canada hoping to immigrate to the US on an H1-B. Do you think there will be less competition in the lottery for 2021 because of the economic downturn? Because I have the option of graduating earlier and make that deadline or graduate normally and apply in 2022. Thanks. Also how competitive is the lottery nowadays?

It's hard to say what the world will look like next year but I've heard from colleagues that a number of their clients are not going to proceed with H-1B filings because of the economy.

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

#163

Post by xriddle »

Hi Peter, I'm a dual citizen Canadian(born)/Italian (passport) with 20+ years experience in Tech. Co-Founded and sold my own business and now CTO of the company that acquired my business. I don't have an actual degree and my highest education level is a private college degree from a tech trade school called a DEP and some industry specific certifications like CISSP, CISM , CEH, MCSE. What's the easiest way for me to get visa sponsorship, if any?

Thanks

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

#164

Post by dang »

gadders wrote: post #6

Given the large number of people losing their jobs in the US right now, do you think the US should be importing foreign labor?

"Eschew flamebait. Don't introduce flamewar topics unless you have something genuinely new to say. Avoid unrelated controversies and generic tangents."

https://news.ycombinator.com/newsguidelines.html

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

#166

Post by lsllc »

proberts wrote: post #125
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.

Thank you, that's useful to know!!!

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

#167

Post by proberts »

tombert wrote: post #151

My wife, who is currently on DACA, is waiting for a hardship waiver so that she may fly down to Mexico and get a green card in the US embassy. Due to this COVID pandemic, we expect there to be some delays, but we're unsure how long it will be. This is amplified by the fact that we're unsure what the status of DACA is going to be later this year after the supreme court deals with it. Obviously I realize that this is a…

You would still proceed with her green card application because she would still be eligible for a waiver and immigrant visa even if DACA goes away.

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

#168

Post by proberts »

arcticbull wrote: post #142
proberts wrote: post #122

Earlier quoted context omitted.

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.

(1) Yep, to the H-1B employer. (2) Yeah it's probably not a super useful question, just confirming AC-21 clock starts when the I-485 is filed and in spite of office closures / delays en route (my biometrics appointment just got cancelled) that remains unchanged.

2) That's correct.

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

#169

Post by proberts »

danfan88 wrote: post #139

Hi, My work authorization on L1 runs out on may 22nd. I do have an approved H1B consular notify petition, but due to covid I'm unable to get a consulate appointment or travel to activate it, and there's no premium processing to change status while I'm here. Do I have any options to extend my work auth given the current situation? I don't have any time left on my L1 to recapture.

Given the limited options, I would refile the H-1B petition as a change of status. (You would lose the already aproved petition.) This would allow you to stay past May 22nd and there's a chance it could be approved by then or soon thereafter.

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

#170

Post by dang »

princeharry86 wrote: post #157
proberts wrote: post #88

Earlier quoted context omitted.

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.

Hi Peter, can you please share your email details. Thanks, Harish

If you email us at hn@ycombinator.com I can send an intro.

Same offer for anyone who would like an intro to Peter by email.

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