Hi Peter, I have been waiting for my I-485 AOS interview (currently on H1B) but it got cancelled due to USCIS's response to Covid-19. My application has been pending for less than 6 months. If I get laid off before the interview, how would it affect my AOS application? Is AC21 an option?
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
#232> H-1B petitions are still being processed since there's no labor market test associated with these but PERM-based green card applications could be put on hold because a labor market test is central to this process and layoffs by the sponsoring employer can result in the end of this process.
Can you please explain what this means? I'm in the process of changing my work location with the same employer, and uncertain how this could affect me since we've to restart the PERM process. I've my I-140 approved and H1b approval till 2023.
Also saw this: https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-1...
But I am not sure how this affects the situation.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#233Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#234Canadian living in Canada with a EU citizen on a PR (permanent residency in Canada). Let’s say I get in on a TN, I understand she can accompany me without being allowed to work. How long would it take for her to get a work permit? Months, years?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#235Thank you so much Peter. If you have a moment - do you know if any impact to Adjustment of Status applications? I've been waiting for my EAD and Advanced Parole for 4 months. Thanks.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#236Hello! My girlfriend is currently an au paire on J-1 Visa but wants to leave her current host family due to bad work conditions. She will attempt a rematch to find a new family and continue working under the program. However, she knows some au paires in similar situations who filed for Tourist Visa whole working and still in the US, and then stopped working while waiting and being 'out of status' but remaining in the…
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Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#237I recently moved back to India after my L1 renewal my was denied and just got a place in this years H1b lottery through masters cap with degrees in bio/bioenegineering.
I work in sales/account management for a large MNC (CTSH) and am concerned that because my role is non-technical my chances are slim, and looking at the companies recent applications there have been many denials although they also have the most granted visas. Moreover, my company/immigration team wants me to apply under a generic "SOC code" for computer-system-analysts rather than sales. Is this a bad idea? Any options for improving my chances? Do salary-level/location play a role as well?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#238Earlier quoted context omitted.
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
#239One of my two co-founders is Canadian. He has just been "visiting" very frequently, but it's a constant concern. What is the best way to start the process of trying to get him here to the US, legally? We have already raised some VC money from US-based investors (not sure if that helps at all). Thanks!
This is a good question. I work for a US company and travel down to good old Santa Clara county now and again (in non-pandemic times). I have a TN but it is a massive pain to re-apply when it expires. Is there some other way? I'm only down there for a few days at a time, maybe three or four times a year.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#240I recently moved back to India after my L1 renewal my was denied and just got a place in this years H1b lottery through masters cap with degrees in bio/bioenegineering. I work in sales/account management for a large MNC (CTSH) and am concerned that because my role is non-technical my chances are slim, and looking at the companies recent applications there have been many denials although they also have the most grante…
From the employer side yes. Mean wages can vary depending on geographical area for the same SOC code. You can do a quick search to see which soc and education factors into the mean wage here: https://flcdatacenter.com/OESQuick.aspx .I'm unsure what to do if the wage of the employee is lower than the mean wage listed through the department of labor.