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

#241

Post by chussad » Fri, Apr 03, 2020, 9:57 PM UTC

Hello Peter, Thanks for being generous with your time!!

I have EAD/AP because of approved EB1A. My AOS interview got cancelled because of USCIS shutdown. I recently traveled outside of US and because of my H1B stamp expiration, I used AP to enter (current status on i94 is "DA").

I am changing jobs now. The new employer's immigration lawyer recommends to file H1B and I should be joining when we receive the H1B receipt. They prefer that as that keeps my non-immigrant status intact in case there are any issues with Adjustment of status (AOS).

My question to you are:

A) What will you recommend, whether to use EAD or H1B to join the new company?

B) Does filing H1B after EAD approval have any negative impact on my AOS interview or on EAD/AP Renewal?

C) My spouse has EAD because of my EB1A and is utilizing it for her work. Will my H1B have any impact on her work visa eligibility?

D) When do you think USCIS will start doing in person interviews? Do you anticipate some interview waivers ?

Thanks for your help :)

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

#242

Post by jellybeanz » Fri, Apr 03, 2020, 10:03 PM UTC

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?

For sure sell yourself with a TN Visa, there's NO sponsorship required, just disclose the fee payment. I'm a Mexican who did the whole process by myself, no lawyers from the company required, and even though it's easier for Canadians since you just go to the border with the requirements and pay a super small fee, you get right in and can start working the next day after you come into the states. Assuming your profession is in the TN NAFTA list, you can get to work within a week with a TN Visa.

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

#243

Post by jellybeanz » Fri, Apr 03, 2020, 10:06 PM UTC

mgh2 wrote: post #127

proberts wrote: post #51

Earlier 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?

SUPER easy: https://www.uscis.gov/working-united-states/temporary-worker... You do not need a lawyer and the letter of employment can be done by the HR department of your employer, just be sure to include everything they ask for. I did it all by myself and got my company to reimburse me the fee after I came in to work.

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

#244

Post by codegeek » Fri, Apr 03, 2020, 10:26 PM UTC

proberts wrote: post #144

codegeek wrote: post #133

Peter, have you ever seen small companies (15 employees) getting approved for L1A visa ? The company has a foreign subsidiary where some team members work even though overall we are a small firm. Does the size matter when requesting visa such as L1A ? Not a consulting firm but a SAAS product based company if that matters.

Yes but really only when the employee manages employees now and will manage employees in the US (the US company should already have employees) or the employee possesses truly advanced and proprietary technical or scientific knowledge.

The employee is technically the CTO who manages the entire team overseas and I would like him to come manage some people here temporarily. L1A works for that ?

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

#245

Post by jidujiuiy99 » Fri, Apr 03, 2020, 10:30 PM UTC

Hello Peter, thanks for taking your time. I am also an immigration attorney and just started my own law firm in Texas three months ago. It has been doing great in the last month but I am thinking about how to keep it growing. 1. How do you find your clients' chain/your base? and how would you say your service is different from big law firms? I am bilingual, so I am confident in serving my people but I should not only target one group of minorities. 2. I assume most of your clients are YC and startups. Do you mind sharing how do you reach out to potential clients at YC and how to do the marketing? Thanks for doing this and I hope we can exchange some info. Be safe!

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

#246

Post by advisedwang » Fri, Apr 03, 2020, 10:32 PM UTC

chussad wrote: post #241

Hello Peter, Thanks for being generous with your time!! I have EAD/AP because of approved EB1A. My AOS interview got cancelled because of USCIS shutdown. I recently traveled outside of US and because of my H1B stamp expiration, I used AP to enter (current status on i94 is "DA"). I am changing jobs now. The new employer's immigration lawyer recommends to file H1B and I should be joining when we receive the H1B receipt…

If the job is substantially similar, you may be able to use supplement J portability.

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

#247

Post by ublaze » Fri, Apr 03, 2020, 10:50 PM UTC

Do you know of the legality of running an online side business while on an H1b? Has there been any change in that law?

Do you know if the S386 measure has made any progress? Alternatively, after the covid situation, do you see the waiting time for indian/chinese EB2 applicants go up/down?

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

#248

Post by genieyclo » Fri, Apr 03, 2020, 10:53 PM UTC

gabaix wrote: post #172

lsllc wrote: post #166

Earlier quoted context omitted.

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.

Applications did not reach quota as in: not enough applications to saturate quota, or not enough approvals to meet quota?

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

#249

Post by anish_m » Fri, Apr 03, 2020, 10:55 PM UTC

I'm on H1B trying to start a company. I have been working in USA for 10 years now and was on H1B the whole time (Born in India). What are my options to start a company? I have a co-founder in mind in similar situation with H1B visa. How much money should I raise to be able to sponsor H1B for my own company?

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

#250

Post by JKSingh12 » Fri, Apr 03, 2020, 10:57 PM UTC

jidujiuiy99 wrote: post #245

Hello Peter, thanks for taking your time. I am also an immigration attorney and just started my own law firm in Texas three months ago. It has been doing great in the last month but I am thinking about how to keep it growing. 1. How do you find your clients' chain/your base? and how would you say your service is different from big law firms? I am bilingual, so I am confident in serving my people but I should not only…

I'm possibly looking for an attorney for my h1b. Can you send me an email (max6387 at gmail dot com) with your contact info (the basics of my case are in this thread).