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

#141

Post by d1zzy » Fri, Oct 09, 2020, 5:37 PM UTC

thrwwyrbrts010 wrote: post #109

I have a question about EB-2 NIW. I have a Ph.D. (Elec. Eng.) from a non-U.S. university and have lived in the U.S. on a J-2 (dependent) visa; my spouse was working as a researcher at a U.S. university. During that time, I worked (on an EAD) for a U.S.-based R&D company, serving as a principal investigator on Govt. (DoD) funded research projects. I have publications, have served as reviewer for intl. academic journal…

Depending on the conditions of your spouse's J-1 (if they were sponsored by the home country, etc) you may be able to get a waiver to the 2 year home residency requirement, see the "waiver" question here: https://travel.state.gov/content/travel/en/us-visas/study/ex...

I successfully got a "no objection" waiver.

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

#142

Post by billyzs » Fri, Oct 09, 2020, 5:38 PM UTC

Hi Peter, if H1B holders who obtained work authorization in 2019 becomes full time student to pursue a MSc for 2 years, graduates in 2023, will that work authorization still be valid for them and allow them to seek employment in the US in 2023? Does it matter if the study happened in our outside of US? Thanks!

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

#143

Post by Technologix » Fri, Oct 09, 2020, 5:39 PM UTC

Hi Peter, thanks for doing this again.

My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport.

Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions?

Thank you!

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

#144

Post by copperx » Fri, Oct 09, 2020, 5:41 PM UTC

Cybuster wrote: post #88

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 Mex…

You should contact the appropriate Google department. They will definitely guide you.

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

#145

Post by asadlionpk » Fri, Oct 09, 2020, 5:41 PM UTC

cdobleu wrote: post #59

Are O visas still being approved?

yes.

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

#146

Post by not2b » Fri, Oct 09, 2020, 5:43 PM UTC

nine_zeros wrote: post #72

baskire wrote: post #49

Earlier quoted context omitted.

And cultural. It’s non trivial to have a team working cohesively both in India and USA. Even between cities it’s difficult

I have also seen amazing multi-region teams operating on different timezones. Sometimes they work on entirely different projects and sometimes on same stuff but with 24/7 operations so to speak. Operating in other regions also gives access to large markets outside the US with entirely different markets and legal structures. Current laws in the US actually force existing companies to look outside more. For newly start…

My team is split between the US and India. The time zone difference makes things harder, but we work well together. The cultural issues are greatly lessened by the fact that a number of people on the US side of the divide are from India, and I (US-born white guy) have made five trips to India to get to know people there. We're able to hand off issues to each other and address customer issues quickly because someone is available around the clock. I've had to push back and limit meetings to keep from working all the time, but it's easy to get sucked into over-long hours.

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

#147

Post by lhorie » Fri, Oct 09, 2020, 5:44 PM UTC

hakkasan wrote: post #131

Are Greencard applications with submitted I-485 prior to COVID being processed right now? Any idea of what the throughput looks like?

I filed mine in Feb 2 2020 from San Francisco (via Fragomen) and received the I-485 approval notice this week. Biometrics appointments were halted through most of march through july, but they've started taking in applicants again since then.

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

#148

Post by mathraki » Fri, Oct 09, 2020, 5:46 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?

I am a PhD dropout but as a startup founder i was able to get an EB1 in the business category (not technology/science which is the common route, even though i was CTO and had a couple papers). Something for founders or senior business leaders to consider.

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

#149

Post by proberts » Fri, Oct 09, 2020, 5:49 PM UTC

taimmigration wrote: post #136

Hey Peter, thanks for doing the AMA. I have an I-485 portability rule question. I know the official minimum for an I-485 pending application to be portable is 180 days, but I was wondering, if there is a way for people losing their jobs before the 180 days are up, to keep the application, employment authorization (EAD), and Advance Parole pending and and port over to the next employer past the 180 days (not all of th…

The short answer is yes but there are some complications/conditions.

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

#150

Post by gabehcoud » Fri, Oct 09, 2020, 5:51 PM UTC

Hi Peter, thank you for this. I am a mexican software engineer on TN visa and was wondering what do you think may happen to that visa category as well as other potential options in the case of a failed H1-B application. Any opinion on whether or not there will be a merit-based immigration category similar to one proposed by the RAISE act?