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

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251–260 of 322 posts

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

#251

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.

This is a self filed petition and I believe that i485 j is not required to be filed.

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

#252
Two related questions:

1. My wife and I both have independent E3 visas. If one of us wants to change status to E3D, can we do that without travelling outside the country?

2. Relatedly, can we extend the validity of our visas without travelling?

Thanks for your help, Peter.

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

#253

Earlier quoted context omitted.

If the US Embassy has closed, what would you recommend?

All Embassies are still open; they're just on significantly reduced staff and only handling very limited matters but if you can't reach anyone, contact your Congressional representative.

OP Please do report if congressional representative even picks up the phone. I imagine everyone is now knee deep in pandemic related issues.

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

#255
Hello Peter!

Can a person here on visa apply for Tourist Visa and await the deicision while saying in the US (being out of status but staying here due to the pandemic)?

I made a comment before but I believe it was too specific of a case so I apologize. The general question is more my concern.

Thanks so much for doing this!!

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

#256

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?

As another guy from India who was on H1B and started a company. You can start a company but you may not work for it. You can attend the board meetings and that's the extent of your involvement. If you do anything, even clean the floors of the office you are technically breaking the law as your h1b allows you to only work for the employer that sponsored your Visa.

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

#260
Hi Peter, Thanks for doing these. If someone is on an H1B visa and is in their last year with less than 10 months remaining with no I-140, what options do they have if they aren't able to get their I-140 approved by the end of their H1.
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