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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
31–40 of 273 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#32Microsoft recently announced that their employees can permanently work from home. Several other companies have announced similar policies and this trend will likely become widely adopted very soon.
So far, geographical proximity to a job has so far been an important factor for several employment based visa types like the h1-b. With this quickly changing, can you share some thoughts on how the diminishing importance of a physical work place and proximity to offices will impact various employment related visa types? Is there any indication that some guidance or rule changes to accommodate the changing nature of how we work will be considered any time soon?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33To what extent are the new rules (wage and specialty occupation) vulnerable to being overturned by the courts?
Do knowledgeable people think the Biden administration would overturn these rules?
Is it possible that approximately the same number of visas would be issued, just at the higher salaries?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34Hi Peter, thank you for doing this! I completed my EB3 GC interview at SF field office last week. In your experience, how long after the interview does it usually take to know the decision?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35Hi Peter, my AOS filing date is current as of October bulletin (India born). How crucial it is to apply for AOS asap compared to later? My employer's attorney is too slow and is flooded with AOS filing requests coz of this. It seems like it will be the in final days of October that they may get to my application. It is quite concerning for me. Should I look for my own attorney?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36For founders and key technical talent outside the U.S. who did not finish their undergraduate degrees, are they in-effect disqualified from H1B and must go the route of an O visa? Given technical people aren't celebrities or sports figures, beyond conference proceedings, what were the kinds of evidence these kind of applicants presented in support of an O - or another type of visa?
(1) No because their education and experience can be evaluated to be considered the equivalent of a bachelor's degree for H-1B purposes. (2) Publications, journal/conference paper review work or competition (hackathons for example) judging, original and significant contributions, and memberships (requiring outstanding achievements of members).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37I have DACA. What can and can't I do when starting a business in the U.S? What's the best path to citizenship?
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38I have DACA. What can and can't I do when starting a business in the U.S? What's the best path to citizenship?
[Not OP, NAL] - If you have an EAD, you can legally start your own business or work for any other business. So you can work as sole proprietor or work for a corp or LLC that you own.
The path to citizenship would depend on how much money you have to invest (if you have or can get a lot), what your county/ies of citizenship are, and how long you have been here between turning 18 and getting DACA status, among other things. OP can probably provide a better explanation.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39Could you construct an "L1 factory" where you have a network of foreign companies where employees work, then after a year (I think the L1 minimum is a year employment?) they apply for L1s to come to the US and work under contract for the real employer? So you always have a pool of L1 eligible skilled workers, ready to circumvent any H1B restrictions...
...Or would you spend the rest of your life in Gitmo for this?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40Have you seen any issues lately with H1-B/TN visas being granted to technical employees who don't have a degree in CS or software engineering?
Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier?
(I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ended up with a Request For Evidence from USCIS.)