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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

#261
Hi Peter, Thanks for the AMA.

I am on H1B visa with I-140 approved. My country of origin is India and I am on EB2 category with long wait times. If I happen to move back to India, will I loose my I-140? I am planning to move back to India and work on a startup but want to see if I can keep my I-140 if I happen to come back to US after few years.

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

#262

For founders and key technical talent outside the U.S. who did not finish their undergraduate degrees, are they in-effect disqualified from H1B and must go the route of an O visa? Given technical people aren't celebrities or sports figures, beyond conference proceedings, what were the kinds of evidence these kind of applicants presented in support of an O - or another type of visa?

I am this person. Before the recent changes announced within the last few weeks, the general way this worked was 3 years of work experience == 1 year of degree. I had my work experience (including being a founder) independently evaluated by a recognized professor who attested to that fact and it qualified me for a H1-B.

That said, the total sum of my industry experience at the time exceeded 12 years.

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

#264

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?

Adding my datapoint: I was voted Innovator of the Year for 2 years in a row in a major Fortune company, where the Research department is stocked with MITs and Stanfords. I was rejected for EB1. I am still on H1B 12 years going. The lawyer explained that I have patents by no papers which might be the reason. But in truth no one knows. (I can't publish, as most of my work would be viewed by my employer as trade secrets…

Could be because they need to see you impacting the industry (evidenced by letters from peeps at other companies), not just within one company. Which is tough when the company considers your innovations a trade secret.

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

#265
post #141

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.

[deleted]

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

#267

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?

TN visa will not be affected. It's in place due to the NAFTA trade agreement between Canada, US and Mexico. Despite all the rhetoric from Trump about cancelling it, it was renewed a few years ago without any, or possibly only minor, changes to the TN visa. So that category should be fine for the foreseeable future.

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

#268
post #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…

What kind of roles in tech industry get EB-1A, apart from management?

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

#269
post #140
post #114

Earlier quoted context omitted.

My friend who was on J2 had to leave the US for two years despite having his EB2-NIW i140 approved. You cannot escape the 2 year home country requirement. You can apply for i140 but you can't get the green card/immigrant visa until you satisfy it.

I was able to get a waiver to the 2 years home residency requirement. Since my position wasn't sponsored by my home country I went with the "NO OBJECTION" route. The US part of it went very smooth, it was my home country part that required to demonstrate, to my home country government, that they hadn't payed me to come to the US (lol). But other than that the process was easy and worked fine.

Yeah I should add the waiver footnote around J2 requirement. This depends on countries - my friend's one is very strict so he couldn't do anything.

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

#270
post #269
post #140

Earlier quoted context omitted.

I was able to get a waiver to the 2 years home residency requirement. Since my position wasn't sponsored by my home country I went with the "NO OBJECTION" route. The US part of it went very smooth, it was my home country part that required to demonstrate, to my home country government, that they hadn't payed me to come to the US (lol). But other than that the process was easy and worked fine.

Yeah I should add the waiver footnote around J2 requirement. This depends on countries - my friend's one is very strict so he couldn't do anything.

My spouse's and my country of citizenship are not the same - I wonder if I (as J-2 dependent) require a letter of no objection from my country of citizenship, or if it would have to be from the country of citizenship of the J-1 holder.
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