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

#211

Post by proberts » Fri, Apr 03, 2020, 6:54 PM UTC

579831 wrote: post #197

proberts wrote: post #180

Earlier quoted context omitted.

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.

Do you mean fine to re-enter on H-1B or L-1?

Sorry, I meant H-1B.

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

#212

Post by proberts » Fri, Apr 03, 2020, 6:55 PM UTC

xriddle wrote: post #192

proberts wrote: post #173

Earlier quoted context omitted.

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?

Yes i'm currently in Canada now ... No it would not be for my employer. I don't have a job offer currently. I would like to know if it's even possible before attempting to apply for jobs.

There are a handful of TN occupations that don't require a degree but given your background, it sounds like you might qualify for an O-1 and this doesn't require a degree.

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

#213

Post by oldgobbo » Fri, Apr 03, 2020, 6:55 PM UTC

Thanks for doing this Peter. I have already completed the green card interview (EB1B) and it went well. I expect my priority date to become current sometime in the next couple of months. Can I start a company now or does the USCIS check that I continue to be employed by the same employer? It has been ~ 2 years since my I-140 was approved.

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

#214

Post by proberts » Fri, Apr 03, 2020, 6:56 PM UTC

tokename wrote: post #196

Hi Peter, I have a greencard and we would like to apply for an F2A greencard for my wife. At the same time, she would like to pursue further education (masters). Are there restrictions against that while pursuing the F2A?

What's your wife's current status?

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

#215

Post by holo345 » Fri, Apr 03, 2020, 6:59 PM UTC

Hi Peter, are there any drawbacks to switching from an O1 visa to an H1B visa in order to avoid having to renew the O1 every year (after the first three years)? In particular, would an EB1 petition have more chances to succeed if the applicant has O1 status at the time of filing compared to H1B status?

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

#216

Post by knes » Fri, Apr 03, 2020, 7:00 PM UTC

proberts wrote: post #208

knes wrote: post #184

Hi Peter, I was previously on an L1 in the US. Changed job and petition on an O-1. I exited the country and went to Canada to "wait it out" while going through the process. COVID19 happen and I'm now stuck in Vancouver. I just saw that the USCIS is now closed for an in-person interview (and get the stamp in the passport) until the 3rd of May. all of my stuff is still in California, is there any way for me to go back…

What's your country of citizenship?

Sorry forgot to mention, I'm French

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

#217

Post by xriddle » Fri, Apr 03, 2020, 7:05 PM UTC

proberts wrote: post #212

xriddle wrote: post #192

Earlier quoted context omitted.

Yes i'm currently in Canada now ... No it would not be for my employer. I don't have a job offer currently. I would like to know if it's even possible before attempting to apply for jobs.

There are a handful of TN occupations that don't require a degree but given your background, it sounds like you might qualify for an O-1 and this doesn't require a degree.

Last follow-up reply- I promise....How would someone like myself go about demonstrating their eligibility for and O-1? Would someone in my position look for a job first and then have the hiring employer worry about this or is this something I should do on my own before applying to jobs? BTW thanks for being generous with your time and doing all this.

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

#218

Post by prpl » Fri, Apr 03, 2020, 7:06 PM UTC

Hi Peter,

Is there any risk in filing for adjustment of status in another area to speed things up? Are there any rules/residency requirements in doing so? It appears the Texas service center, for example, has been processing cases ~3 months faster than the California service center.

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

#219

Post by udmo4 » Fri, Apr 03, 2020, 7:18 PM UTC

Hi Peter,

I'm an E2 employee currently outside the US. My visa is expired (3 month visa) - I applied for a new one in February when visiting family - it is in Administrative processing.

I've been working remotely all this time. Now I've been partially furloughed and asked to work 3 days a week.

In another answer about furlough (L1) you mentioned one cannot work part time.

Wanted to ask if my remote work with pending visa is OK, and if part-time work is allowed while on E2.

Thank you for doing this!

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

#220

Post by holo345 » Fri, Apr 03, 2020, 7:19 PM UTC

Given the coronavirus situation, it may not be possible in the next couple of months to update one's I94 by exiting and reentering the country. My friend has an I94 "admitted until" date that does not match his visa because he last entered the USA with a passport that was about to expire. Is it possible to update this date without leaving the USA (now that he has a new passport)?