I got a birth affidavit from my parents because my parent's name was abbreviated in the birth certificate. This affidavit does not have parent's date of birth. Is that going to be an issue?
Where were you born?
India
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
211–220 of 273 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#212Hi Peter,
You mentioned the prevailing wage update affects people renewing visas. Would you please be able to elaborate on that and the "field of study" change?
1.) Is there a guide to figure out which level you fall under?
2.) Lets say based on my years of experience (4 years + MS), I qualify for level 4, does that mean if I don't have base salary of 217,000 in NYC, then I am not able to obtain a H1B?
3.) If you have a related degree like analytics or data science, are you eligible to work as software engineer or has that become invalid?
4.) How long is this expected to run its course if no litigation or no other outside force provides adequate changes?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#213I 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 regular Software Engineer at a FAANG company. If you're at a FAANG then you're probably already far far better than you think you are.
For USCIS, it doesn't matter where you work, visa is for the individual and they have to prove their merit against the required guidelines, even an unemployed person from anywhere in the world can apply by themselves if they can prove their merit as per the requirements. That is the beauty of this visa :)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#214Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#215Hello, I have a co-founder who returned to his native China after his visa expired.
I was wondering, would it be difficult to get an O-1 visa in this current legal climate?
Thanks.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#216Earlier quoted context omitted.
100%. The decision to approve or deny is entirely in the hands of the officer, and I managed to get a NAFTA officer who interpreted the agreement in my favour. It's why so much time and effort goes into the supporting documents.
All excellent responses. One potential work-around which is becoming a better and better option is to file a petition with USCIS rather than apply in the first instance at the "border."
If I recall correctly, a petition can only be filed with USCIS for a TN if the individual in question is already outside of the US.
Ie, if you are currently within the US on a TN, and looking to switch jobs, you can not file for a new status with USCIS; your options are either to leave the country and apply at a POE, or leave the country, and only then petition with USCIS.
Is this incorrect? Can a current TN holder petition USCIS for a new TN while still within the US?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#217Microsoft 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 o…
Timezone differences remain a problem.
All other countries in Americas match the time-zones with USA. Also most are much cheaper for living and with easier imigration systems. And there is always an option to visit USA HQ on B-1.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#218Earlier quoted context omitted.
Perhaps by pay scale. Definitely not by talent/productivity.
I'm pretty sure anyone able to pass a FAANG interview is well within the 1% of talent for our industry. Those things are brutal.
The interviews are brutal. But they don't consistently identify talent. I know a lot of people at all of them and turn down interviews nearly constantly (Apple is the only one I've considered - the rest violate my ethical standards. And I'm not going to commute to Cupertino).
There's a lot of deadweight at these companies.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#219Does YC invest in startups that have Iranian citizens as co-founders? Are there any limitations in accepting those applicants?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#220I 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?
For others who did not know what EB-1 is (like me): > The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to…
>Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.
One example being none other than the present FLOTUS. Clearly, she had enough patents, publications, and/or athletic and cultural achievements to qualify as an EB-1 recipient.
(Oh, hi. How's that swamp-draining coming along, guys?)