Hello Peter, I have Cystic Fibrosis, does this exclude me from the H1B visa?
Not at all. What's your field?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
101–110 of 291 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#102I am a Canadian Citizen orignally from India. I have a MBA from Cornell. I have heard that the H1-B visa cap is not applicable for my case. Is this true ?
It is; it's just that there are 2 buckets, one for this a master's degree or higher from a US school and another for everyone else. What this means in practical terms is that you will have a much higher chance of getting selected in the lottery than someone without a master's degree or higher from a US school. Also, as I'm sure you know, you might qualify for a TN, which is not subject to a lottery.
I have a master's degree or higher from a US school. When I applied for an H1-B a few years ago, my employer's immigration lawyers decided not to submit applications under the master's cap, since my degree was unrelated to my position.
Are there potential issues if the master's degree is unrelated to the position? I have a related undergraduate degree.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#103This must be right up there with the best in terms of successful advertising campaign. And I don't mean that negatively - clearly tangible value is provided in these threads so fair play. Still...PR masterstroke in terms of reaching your niche audience.
I wish I were that smart but thank you. I just don't do enough to give back and this is one way that I do or at least try to.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#104How soon before the 5 year citizenship application mark (post-getting your green card) can you begin the application process? Is it advisable to file for citizenship on your own?
1) you can submit application paperwork 6-months prior to the 5-year mark.
2) I did this on my own. It’s quite straightforward and there are tons of great resources online.
Two things to help you: 1) use Adobe Acrobat Reader to fill the form. The forms were created with Adobe’s tools (or so it seems), so validation is built/in. Also, there are sections where the response to the first question dictates the next few responses; with Reader, if you don’t check the box, you don’t need to fill N/A in the rest of the fields for that section. This might seem like a small detail but when dealing with USCIS, you don’t want to take any chances. With the right tool, you don’t have to worry.
2) if you don’t hear back on your application post the interview stage, request an appointment with the reason that you want to provide additional details or answer follow-up questions. My application got “lost” in a pile somewhere and took 75-days to make it through to the step wherein I could schedule an oath ceremony. The wait is nerve-wracking, to say the least.
Good luck and send me a message if you need any help. Once again, not a lawyer; just another immigrant who went through naturalization (and now filing of my dad’s GC) on his own.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#105Hi, I am on H4 EAD and planning to start either C corporation or LLC with a little investment (personal). My EAD expires next March and I am not going to take any salary. My question is, if my EAD extension is not approved by next March(most likely the case considering the queue), can I still continue working for the company I incorporated? Thanks!
A nuanced question which turns on among other things the definition of employment which in turn will depend in part here on how far advanced the company is at that time. I would need to speak with you to explore this but the short answer is that it might be possible to continue after your EAD expires.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#106How is the new wage requirements affecting H1B approvals? I heard it was being challenged in court. Are H1B transfers and renewals also subject to the new wage requirements? Thanks as usual for your time and contribution!
Yes, the new prevailing wage requirements are being challenged - and also might go away under the Biden Administration - but they apply now and to all new H-1B petitions even renewals.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#107How soon before the 5 year citizenship application mark (post-getting your green card) can you begin the application process? Is it advisable to file for citizenship on your own?
You can submit the application 90 days before your 5th year anniversary as a permanent resident and unless you have an issue - extended time outside the US while a permanent resident or a criminal record - it's a really easy application that doesn't require the assistance of an attorney.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#108Hello Peter, thanks for doing this.
I'd like to know your opinion about acquiring an EB-1 visa being an IT worker. How difficult do you think it is ?.
I'd like to try to do what Julian Shapiro did: https://www.tefter.io/bookmarks/48931/readable.
Also, I'm in H1B-1. Could it be dangerous for me to try this?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#109Hi Peter,
I'm a start-up founder, on a H1B, and I just filed my EB-1a-based I-485. My H1B expires end of March 2021. Do I need to renew my H1B, or can I simply use the AOS application to maintain status while the green card comes through? I imagine after my H1B expires, if I don't file for a renewal, I won't be able to work, unless my EAD comes through on time?
Under normal circumstances I'd renew my H1B, but given the insane salary requirements due to recent changes to the program, I need to pay myself upwards of 250K, and I just don't feel too good drawing that level of salary as a founder :)
Do you have any advice? Would USCIS relax the salary requirements for founders?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#110There is a restriction on green cards that the holder cannot be outside the country for more than 6 months. How strictly is that to be followed, asking because I might have someone in that situation soon because of the pandemic.