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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

#161

Post by ebadder »

Hi Peter,

Thanks for this AMA. I have an L1 visa but was out of country and couldn't return and lost my job in April. Now I am being offered the same job again in January 2021.

1. Can I re-enter the US in January 2021? (my visa doesn't expire till later that year and I plan to file an extension). 2. Can my company file a greencard application on my behalf as soon as I enter the US? (I have asked for it as a part of my compensation package and the company will likely agree).

Thank you again for your time.

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

#162

Post by hrajagopal7 »

Hi Peter - I am working for as a Data Engineer through a contracting agency and got my H1B approved for 3 years this year. The company I am working with is willing to convert my employment to full time but that requires a H1B transfer. I looked at my approved LCA yesterday and it says Market Reaserch Analysts and Marketing Specialists. I understand the transfer will be to a Software Developer Application SOC. How can I avoid/anticipate and respond to H1B transfer complications i.e RFE and Rejections and Does it help for me to wait until the elections are over. Thank you so much for doing this.

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

#163

Post by jayavanth »

ra7 wrote: post #107
proberts wrote: post #25

Earlier quoted context omitted.

The higher prevailing wages don't impact the present wages of those currently in H-1B status; they will only apply to extensions and new filings.

It looks like prevailing wage data isn't available in flcdatacenter.com. Any idea if that's intentional or is it expected to be available sometime later? Thanks!

It's available now

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

#164

Post by stormborn_d9 »

Hi Peter, Immigration being one the most convoluted laws to declutter, really appreciate you taking out time to answer some of our questions.

What would be the best way for someone holding a H1B visa to startup in USA? what are the legal complications one must be aware of?

Does partnering with American citizen make it easier?

Also, being a software engineer does the current employer have claim on your idea even if it is out of domain of employers market?

Any resources would really be appreciated.

Thank you.

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

#165

Post by ta1602267597 »

Hi Peter,

Not exactly immigration, but it does say "AMA" .

My company recently announced a leadership training program in an opt-in basis exclusively for only black or latinx employees. (White, asian, and other racial groups were warned not to signup or "identify as" the allowed groups). This leadership training will focus on career development aimed to ensure their promotions (career development). Despite interest , ability, and potential need for the same help, others are being excluded.

Is this legal? (in California)

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

#166

Post by nixgeek »

xoail wrote: post #35

Hi 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?

Do you already have an approved I-140?

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

#167

Post by kinkrtyavimoodh »

LordAtlas wrote: post #91
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.

And they can take a few more decades to clear. Such is the story of Indians in the Green Card queue.

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

#170

Post by xoail »

nixgeek wrote: post #166
xoail wrote: post #35

Hi 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?

Do you already have an approved I-140?

Yes.
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