I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#171

Post by proberts » Fri, Apr 03, 2020, 6:21 PM UTC

asadlionpk wrote: post #128

Hi Peter, I have been told that opting for premium processing leads to hurried decision from USCIS and subsequently to poorly crafted RFEs. Is that true?

I don't see that (and there aren't any and really can't be any valid statistics on this since there are no real measures or controls).

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

#172

Post by gabaix » Fri, Apr 03, 2020, 6:24 PM UTC

lsllc wrote: post #166

proberts wrote: post #125

Earlier quoted context omitted.

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!!!

After the 2008 financial crisis, and for 3 years, applications did not reach the quota. Requests for evidence were frequent, as each application was carefully reviewed. Once approved, the H1-B was granted.

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

#173

Post by proberts » Fri, Apr 03, 2020, 6:24 PM UTC

xriddle wrote: post #163

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…

Are you in Canada now and if so would you be coming to work for a company related to your current employer or a different company?

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

#174

Post by bonpensiero » Fri, Apr 03, 2020, 6:26 PM UTC

I have received the work permit card already, but I am still waiting for my SSN. With USCIS partial stop, I believe it will take a long time until I get my SSN. Am I allowed to work without it?

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

#175

Post by proberts » Fri, Apr 03, 2020, 6:27 PM UTC

hzoveiso wrote: post #165

I am on OPT but think I may be laid off soon. Would I be eligible for unemployment benefits if so? Separately, am I eligible for the relief payments of $1200 per adult? Or am I excluded from both because of my immigration status?

This is all new and evolving of course but my present understanding is that you would be eligible to receive unemployment benefits (since you continue to be work authorized but note that this is a state determination) and also eligible to receive payments under the legislation.

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

#176

Post by proberts » Fri, Apr 03, 2020, 6:27 PM UTC

bonpensiero wrote: post #174

I have received the work permit card already, but I am still waiting for my SSN. With USCIS partial stop, I believe it will take a long time until I get my SSN. Am I allowed to work without it?

Yes, you are allowed to work. This is more of a payroll processing issue than a work authorization issue.

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

#177

Post by jumana » Fri, Apr 03, 2020, 6:30 PM UTC

Hi,

I got an L1B visa to travel to USA in February. My start date is April 1 but couldn't travel due to the ban. What happens to the visa if I dont enter within the entry deadline? Is there an entry deadline or they mark the date of arrival as your timer that ticks?

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

#178

Post by 09mksa » Fri, Apr 03, 2020, 6:30 PM UTC

Hi Peter, I currently have a H1-B working for a big tech co based in Seattle, but am staying/working from Canada (I'm a Canadian citizen) since the start of March due to covid. I can technically return to the US based on the work visa, but would prefer to stay here until things improve.

What are the immigration/work implications of that?

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

#179

Post by droidno9 » Fri, Apr 03, 2020, 6:30 PM UTC

kaisix wrote: post #134

This may appear as off-topic compared to other questions here. I am interested to know what software you use as part of your daily work. So, what software do you use and what piece of software is missing for attorneys ?

Take a gander at this report by the American Immigration Lawyers Association, it may answer some of your questions: https://www.aila.org/File/Related/The_Future_of_Immigration-...

Specific to immigration, two platforms commonly used by high-volume immigration practices are INSZoom and LawLogix.

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

#180

Post by proberts » Fri, Apr 03, 2020, 6:33 PM UTC

09mksa wrote: post #178

Hi Peter, I currently have a H1-B working for a big tech co based in Seattle, but am staying/working from Canada (I'm a Canadian citizen) since the start of March due to covid. I can technically return to the US based on the work visa, but would prefer to stay here until things improve. What are the immigration/work implications of that?

You should be fine and be able to reenter in L-1 status without issue. You might need to carry a letter from your employer before you reenter confirming your employment.