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

#301

Post by proberts » Sat, Apr 04, 2020, 9:36 AM UTC

amoorthy wrote: post #235

Thank 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.

These applications are still being processed and processing times seem to be improving in fact.

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

#302

Post by proberts » Sat, Apr 04, 2020, 9:38 AM UTC

cocktailhour wrote: post #96

Hi Peter - for someone on an O1, are there any options to extend the end date in light of covid19 and not being able to re-enter the country for a significant amount of time, separate to the 1yr extensions done near the end?

I'm not sure I understand. Are you asking whether your O-1 status could be extended now even though your status isn't expiring for a while?

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

#303

Post by proberts » Sat, Apr 04, 2020, 9:41 AM UTC

rjennings wrote: post #46

Thank you Peter for doing this. Does founding a startup (in Delaware with Stripe Atlas for example) make the immigration process any easier? What would be the appropriate immigration path for a founder of a US company living outside the US (and not a US citizen)?

Responses in order: I'm not sure I understand your question. There must be a US company acting as the O-1 petitioner/employer (except under very limited circumstances) and many of our clients use Stripe and Clerky among others to set up their company. This will depend on the founder's country of citizenship and qualifications but the default options (not including the country-specific options) are the E-1/E-2, L-1, and O-1 visas.

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

#304

Post by proberts » Sat, Apr 04, 2020, 9:43 AM UTC

udmo4 wrote: post #219

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…

Working part-time remotely is fine but if and when your E-2 visa is issued and you return to the US, you must work full-time on the E-2 visa.

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

#305

Post by proberts » Sat, Apr 04, 2020, 9:46 AM UTC

jumana wrote: post #185

Two friends of mine did education evaluation for United States visa. Both have dual degrees, that is masters degree combined with bachelor's. So they have one degree certificate that says masters as it was done together. The education evaluation came out as equivalent bachelors in America. Is this normal as it sounds wrong to me. I feel like they should be able to petition this as dual degrees are part of many curric…

It's possible that the evaluations are correct because each country has its own requirements for the issuance of degrees and these could be less than corresponding US requirements. For example, a number of countries will grant bachelor's degrees based on 3 years of education. They could try another evaluation service because there can be variation among services.

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

#306

Post by proberts » Sat, Apr 04, 2020, 9:48 AM UTC

dpaluy wrote: post #183

Hi Peter, I’m on O1 visa. But my wife has O3 and doesn’t have a work permit. What’s the correct way to apply for a work permit? What visa should we change to? Thanks

The visas that allow spouses to apply for a work authorization are the E-1 and E-2, the E-3, and the L-1. Other than this, a spouse can get work authorization while in the green card process.

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

#307

Post by proberts » Sat, Apr 04, 2020, 9:53 AM UTC

jellybeanz wrote: post #191

Hey Peter, I'm about to expire my 60 days of grace period for finding another employer under TN visa, has the USCIS said anything about extending that grace period because of coronavirus? Also, if my visa is still valid until September, can I just go to an airport POE and change my employer there with a letter of employment? Thanks!

Responses in order: No, USCIS has not yet extended this grace period or relaxed expiration/departure dates but it might. There's no change of employer; this would be a new TN application with your new employer. But of course there are travel restrictions in place now that could impact your departure from and return to the US.

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

#308

Post by proberts » Sat, Apr 04, 2020, 9:54 AM UTC

3001 wrote: post #233

proberts wrote: post #117

Earlier quoted context omitted.

Are you inside the U.S. in valid immigration status or outside?

inside the USA currently on stem opt.

Then that ban only applies to those applying for visas or green cards from outside the US. You still can pursue a green card in the US because you are in the US.

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

#309

Post by proberts » Sat, Apr 04, 2020, 9:55 AM UTC

holo345 wrote: post #215

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?

No downside at all to switching and no impact on the outcome of an EB1A petition - same chances whether you are in H-1B or O-1 status.

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

#310

Post by proberts » Sat, Apr 04, 2020, 9:56 AM UTC

pd0wm wrote: post #103

proberts wrote: post #65

Earlier quoted context omitted.

It is possible but without premium processing, it's impossible to say how long that process will take. It could be weeks or months. But note that when premium processing returns, a pending petition could be "upgraded" to premium.

Do you have any guess on when premium processing would be brought back?

It's really hard to say but I don't think until the summer or even fall although USCIS could bring it back piecemeal, maybe starting with I-140 petitions and certain visa classifications.