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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

#81

Post by kpen11 »

JonLim wrote: post #74
kpen11 wrote: post #70

Earlier quoted context omitted.

I worked for 3 years on a TN visa with no degree of any kind. My job was a Software Engineer, and my TN was classified as a Scientific Technician. This was 2016-2019

Interesting! Thanks for sharing that. What sort of supporting documents did you end up having, to prove that you were supporting "a professional in the scientific field"?

It was a stressful process with a lot of uncertainty. We had to show language that my job was a "supporting role", which is fairly easy to spin if you're not a Senior or Principal. We also needed to provide my direct supervisor's qualifications. I believe they had to have a degree in a CS related field.

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

#83

Post by vba »

I’m looking to naturalize next year. I’ve heard that with the current administration after filing to naturalize it takes 6-12 months due to additional interviews in the green card (not naturalization) backing up the naturalization queue. Covid is probably having a big affect too.

Anyway, if the administration changes to the democrats, in your opinion, do you feel wait times will decrease and will this be get fairly rapidly.

Further, can one be tactical and move to another state to naturalize and hopefully we processed by a state office with a lesser backlog?

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

#85

Post by hn-silver »

qnsi wrote: post #68
hn-silver wrote: post #55

I needed an immigration attorney to help bring my wife into the country. Our contract stated I would pay a flat fee and she would cover the filing fees. When we filed the first set of forms, she expected me to pay. When I pointed out the contract said she would pay, she crossed it out in pen, rewrote it in pen stating I would pay. I had already signed the document, and felt obligated to continue using her service sin…

"Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!"

Are attorneys legally able to alter a contract after it has been signed?

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

#86

Post by screye »

meetapoorvgupta wrote: post #77

I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application? What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?

I second this question.

As a follow up, do single papers, patents and interviews help with an eb-1 application ?

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

#87

Post by ping_pong »

Would you recommend changing an EB2 application for an Indian to an EB3, given that the priority dates have jumped to 2014? My priority date is Sept 2011. Or would you recommend sticking with an EB2 whose priority date is only 6 months away from the new EB2 priority date limit, May 2011?

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

#88

Post by Cybuster »

I got a job at Google (mountain view office) and I start this November working remotely but I still don't have my university degree. I will be working from Mexico at least until July 2021. What are my visa options? I already got an offer and signed the contract.

I already completed all my university courses but it takes at least 1 year and a half to get the degree and I have been working as a software engineer in Mexico for 1 year. (3 if you count freelancing).

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

#89

Post by immigration311 »

First of all, I want to say that I really appreciate the work you do in helping people to navigate a complex and evolving legal landscape.

Now, for my question: Is a nonimmigrant considered to be "out of status" between steps (3) and (4) in the following timeline?

1. Arrive to the US with B-2 Visa

2. Apply for F-1 Visa

3. B-2 Visa expires

4. F-1 Visa granted

Additionally, is this considered a violation of the terms or conditions of their nonimmigrant status? From my understanding, they are in a "period of authorized stay" during this time, but I am curious about what this means in terms of status and potential violations of their status.

Thank you so much!

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

#90

Post by binarybrewery »

Thank you Peter for doing this!

My company's lawyers are getting ready to file for AOS along with EAD and AP. I have plans to travel to abroad in Feb (I have a valid H1B visa). My understanding is that AP applications will be denied if it's still pending during the travel.

Can the AP be re-filed in this case? Are there additional fee for refiling?

USCIS website states a 3-8 month adjudication period for AP and a much longer timeframe for EAD. What happens if you switch employers during this time? Do these applications have to be re-filed?

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