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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

#251

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 have an EB-1A (extraordinary ability). I can try to help you if you give me some details. Like, why do you want to pursue the EB-1 route ? I ask because, the way you've phrased the question "satisfy the requirements of EB-1", I don't think you fully understand what it entails. Its not like a driver's license you apply at the local DMV - I know how to drive, now give me the license! Its more like - you are making a formal request to the US government. You are then furnishing a ton of documents as proof of your abilities. Even after all that, it's still their call. If they turn you down, that's fully within their right. And they can always do that - it is their country after all. I was always prepared to return to India if they rejected my application. If they approve, its your privilege. The way I view it - I took a shot & the ball went thru the hoop. Doesn't mean everytime I take a shot it will do that. Doesn't mean if somebody else takes a shot & it doesn't go thru the hoop, they are a worse player. afaik, there is no rule in the constitution that says you have satisfied all the requirements of EB1 so you must get EB1. At best, you can apply, but not appeal.

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

#253
post #205

Earlier quoted context omitted.

(1) No because their education and experience can be evaluated to be considered the equivalent of a bachelor's degree for H-1B purposes. (2) Publications, journal/conference paper review work or competition (hackathons for example) judging, original and significant contributions, and memberships (requiring outstanding achievements of members).

So if you don't have a degree but have a few publications (peer reviewed?) can they replace the degree for H1B and other visas?

No, education and experience.

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

#254
post #178

Earlier quoted context omitted.

Cultural differences are not necessarily bad, and people can adapt and learn how to work together over time. You cannot change timezone differences no matter what you do.

In my experience, cultural differences can be way worse than the timezone differences. There are true, critical cultural differences between the US and say the middle east, or asia. In some cultures it is really bad to ask questions when something is unclear, it is really bad to take any sort of initiatives, it is really bad to push back on unreasonable requirements. To me this is the true reason massive out-sourcing…

I am tolerant of all cultures, religions, etc., but I do not find the belief in a caste system, or any form of discrimination against women to be compatible with modern western work culture and equal employment laws.

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

#255

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?

[deleted]

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

#257
post #246

Earlier quoted context omitted.

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 p…

Going through this right now! Applying for a new TN through change of employer (COE) while residing in the US. I was given the option to fly back and forth to apply at the border, but figured this would be the safest (and lowest friction) option. However, it's been a slow process, especially with having received word of USCIS requesting additional evidence from my first application.

Does that issue you a new TN (with a 3 year term), while maintaining your status with the previous employer, or terminate your status with your previous employer, with validity only matching the previous expiration date?

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

#258
post #183

Hi Peter, thanks for doing this again. I'm a startup founder from India who'd love to learn more about how to gain access to US capital markets and startup ecosystem. (e.g. Annual VC deal volume in US is typically 25x that of India). I'd love to know what you think are some practical ways of going about this, any common gotchas etc.: 1. Opening a delaware c corp via stripe atlas, any common mistakes you've seen? 2. F…

if you're looking for a less expensive option - check out Blook.io - we help global founders register their businesses in the US and provide a free EIN/bank account :)

Thanks, I'll check it out.

Can you provide a granular breakdown of why I would pick this vs Stripe atlas?

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

#259

Earlier quoted context omitted.

Thanks Peter for the prompt responses! For (4), I guess I am asking are these changes permanent? Or are they a temporary change (e.g. only valid until end of 2020 like the visa ban that the Trump admin had released earlier this year).

I am in similar situation as you but based out of Bay area. How were you able to find out your level?

https://www.flcdatacenter.com/OesWizardStart.aspx

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

#260
post #246

Earlier quoted context omitted.

Going through this right now! Applying for a new TN through change of employer (COE) while residing in the US. I was given the option to fly back and forth to apply at the border, but figured this would be the safest (and lowest friction) option. However, it's been a slow process, especially with having received word of USCIS requesting additional evidence from my first application.

Does that issue you a new TN (with a 3 year term), while maintaining your status with the previous employer, or terminate your status with your previous employer, with validity only matching the previous expiration date?

It's a good question - I believe it's the latter, terminating status with previous employer with validity matching previous expiration date.
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