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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

#132
post #131

Peter is back trying to drum up more business for himself.

[deleted]

>This is an abhorrent comment. He is already maxed out in terms of clients and time. He doesn’t need more business.

He's so maxed out that he is spending time here answering questions, so charitable of him. I'm sure he won't follow up on any good leads since he has too much business.

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

#133
Hey Peter! Thanks for doing this again. I’m a prospective immigrant founder from India. I’m currently working on a H1B.

Wondering what your take is on EB5 via loans. My understanding is that you effectively just pay the interest? Are USCIS approved investment schemes that invite folks to invest, a lot of times in property in like random american towns super shady? https://www.eb5daily.com/2018/02/eb-5-loan-work/

Also, what do you think about pursuing a PhD to be able to work on my startup and eventually getting a O1 visa and green card via the PhD. How does this compare to getting funded and applying for O1? Whats also the numbers for how many YC immigrants get an O1?

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

#134
Hi, thanks for doing this. I was working for a tech startup under H1B. I was laid off 1.5 months ago with less than 1 week notice. They didn't say anything about covering transportation costs for me to go back to my country. I think they haven't submitted the request for withdrawal either. (I checked on USCIS). - Is it true that they're legally responsible for paying the transportation costs? Can I accept the money without actually going back (due to Covid)? - Are they also responsible for paying my salary if they "forgot" to submit the withdrawal request? Can I sue them later?

I couldn't find a sponsoring company for H1B transfer. I know I'm out of time. But I have plan B so I'm not worrying about overstaying. Thank you!

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

#135

Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular. I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers. In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work. Things that I rea…

Can you be more specific? What advice did he give you that was wrong? Was there any reason he stopped communication other than the application being rejected?

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

#136
Hi Peter,

Thanks for your AMA. I work for one of the big tech and I am a European citizen. We just sent my I-485 forms to USCIS(I-140 approved in pp). According to USCIS, it will take anywhere from 13 to 16 months to get it approved. Per portability rules, I understand that I can switch companies to a similar job after 6 months of I485 pending. However, I have a desire to start my own business, what are my options? Would it be best to stay put until I485 is done?

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

#137

I have a Computer Science PhD and am an EU national. I would like to work in the US but am worried about being tied to a specific employer on a visa, but I don’t understand if this is just something I would have to accept. Is there a resource you can recommend that would clearly explain the options available to me? Additionally I don’t understand whether I would be subject to a lottery or whether with a PhD it is alm…

You likely would qualify for an O-1 which is not subject to a lottery. You would be subject to a lottery for an H-1B unless the H-1B would be to work for a non-profit entity engaged in basic research or another cap exempt entity. There are visas that allow for self employment or at least employment with a company created by the foreign national (O-1 sort of, E-1 and E-2, and IEPP) but oftentimes the path to "free age…

Thank you so much!

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

#138

Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular. I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers. In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work. Things that I rea…

I work in the immigration industry. Not as a lawyer, but I own a business that is used extensively by both large and small immigration firms (ImmiTranslate).

I will say that some of your characterizations are accurate, and others are not. I've not worked with Peter before so I won't comment on him specifically, but your assertions about law vs. clerical work is spot on. I will add my own input as well.

Immigration attorneys in the US are similar to hacking groups, minus the illegality. Good hackers have their own 0day exploits. Good attorneys have their own techniques for obtaining legal status in the US. Dealing with USCIS/ICE/EOIR/State is akin to bureaucratic hacking. Anticipating what the Government agencies want to see and hear in your petition is their exploit. Finding the appropriate supplementary evidence is their payload.

I don't think your assertion of solo attys vs medium sized firms is accurate. In my experience, solo immigration attorneys focus on the easy to win cases (like K-1 visas and AOS). This segment of the market is diminishing because of the fact that it _is_ mostly clerical work.

Likewise, the big firms are simply too big and expensive to want to approach one-off cases. They deal with the FAANGs and Fortune 500 companies.

For those reading this, consider that everyone has exceptionally complex circumstances that surround their immigration status and legal options here in the US. Obviously Peter cannot comment on it and OP has not shared that much information.

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

#139

hi Peter. I'm a Brazilian junior cloud architect that's on his early career and would like to in the near future(~8 to 12 months) work on startups in other countries like Canada and Netherlands. how should proceed to be fully prepared for that kind of work and migration?

IMHO - certifications are the best way to prepare for career mobility. Follow your interests there, as there are lots of options and paths to take.

Shameless plug: Contact info@tidalmigrations.com to discuss options.

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

#140

Hey Peter, thank you for your time. I was wondering if you could comment on when we'll see some type of vote on the US Citizenship Act of 2021. Not looking for anything overly specific, but more along the lines of: before 2022, sometime in 2022, or never. Additionally, your thoughts on the likelihood of TITLE III — REFORM OF THE IMMIGRANT VISA SYSTEM passing would be greatly appreciated. I am finishing up my PhD in S…

My apologies but I just don't have a good sense of the passage of any major immigration legislation. I've been wrong so many times in past, expecting changes/compromises without anything significat happening.
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