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

#91

Post by LordAtlas » Fri, Oct 09, 2020, 4:28 PM UTC

ping_pong wrote: post #87

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?

I think your dates are like a decade in the past.

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

#92

Post by proberts » Fri, Oct 09, 2020, 4:29 PM UTC

yarnton99 wrote: post #47

I have a PhD from Cambridge, a degree in CS, etc. I have a great biotech startup idea and some funding secured in the EU. However, I would prefer to execute it in the US as I prefer how the startup ecosystem looks over there. Is it worth the trouble / doable in terms of immigration laws to move there and bring my cofounder and some employees?

From an immigration standpoint, it appears absolutely doable, using a combination of O-1 and E-2 (and maybe even H-1B) visas. Email me if you would like to discuss in more detail.

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

#93

Post by liutuo » Fri, Oct 09, 2020, 4:29 PM UTC

Hi Peter, what’s the pros and cons of downgrading to eb3 from eb2, given that eb3 priority date is current and eb2 is one year behind

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

#94

Post by cynik_ » Fri, Oct 09, 2020, 4:29 PM UTC

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?

Alternatively, are there any specific resources / attorneys you recommend reaching out to for EB1 evaluations? [particularly in/around NY for my case, but I guess that's not very important anymore]

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

#95

Post by proberts » Fri, Oct 09, 2020, 4:30 PM UTC

uzakov wrote: post #10

Hi Peter! What is your advice on finding a good attorney in general (not just immigration one)? Thanks!

Go through an experienced attorney you trust. It's pretty easy for attorneys to find good attorneys even if outside their area of expertise.

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

#96

Post by mhamin » Fri, Oct 09, 2020, 4:30 PM UTC

I am Canadian and living in Canada, do I need a Visa to work for a US company remotely from Canada? If yes what is the best option?

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

#97

Post by vkycom » Fri, Oct 09, 2020, 4:30 PM UTC

Does AOS portability apply to a dependent I.e. can a dependent who is also employed switch jobs within 180 days without impacting the AOS application (while primary stays in same role)?

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

#98

Post by [deleted] » Fri, Oct 09, 2020, 4:30 PM UTC

binarybrewery wrote: post #90

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…

[deleted]

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

#99

Post by chrismeller » Fri, Oct 09, 2020, 4:31 PM UTC

Do you have a recommendation for an immigration attorney a non-corporate client should use?

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

#100

Post by throwaway619201 » Fri, Oct 09, 2020, 4:31 PM UTC

Hi Peter,

Thanks for doing this.

I'm a Software Engineer at a finance company. My company is currently filing for my Green Card and we're at Step 1 (Prevailing Wage Determination) of the process. Considering the rule change announced by administration yesterday, I'm not sure if my base salary will satisfy higher percentile requirement for my level.

My Question is :

1) Do these changes apply for PERM filings?

2) If base salary doesn't meet requirement, can PERM filing happen at different level even though H1B was approved at higher level (ex : level 3 approval on H1B, level 2 filing for PERM)