Do you do strictly immigration work or do you get involved in YC founders’ numerous domestic violence cases?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
141–150 of 250 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#142Hi, 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 w…
I really can't comment on any potential claims but the law is clear that a sponsoring H-1B employer must offer a terminated employee the reasonable cost of a return trip home.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#143Earlier quoted context omitted.
The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.
Hi Peter, Thanks for doing this. As far as I know, the IEP structure has no clear path to permanent residency like some of the other options. Is that your understanding as well or am I missing something here?
It's a common misconception that a nonimmigrant status somehow leads to a green card or limits the green card options in any way. There is no connection between the two. So someone in IEP "status" could pursue a green card but because IEP is not considered an admission, he or she would have to go the immigrant visa route through a US Consulate abroad rather than the adjustment of status route through USCIS.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#144Hi Peter Thanks for your AMA. I work for a startup and am planning to file EB1C. Here's my situation 1. I am currently manager at the startup in Canada. I will complete one year as a manager in June 2022. I will complete one year in Canada in Oct 2021. 2. My startup has an office in USA too Here are my questions 1. Do I need to file L1A before EB1C? Can I file EB1C directly from Canada? 2. Do I need one year "manager…
No; yes; and yes to the EB1C and no the L1A.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#145Hi 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? W…
It's possible to "port" your green card application to your own company - we've been involved in this many times - but USCIS scrutinizes these portability requests closely to make sure that the business is real and that there's real and sufficient work being done.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#146Hi 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? W…
It's possible to "port" your green card application to your own company - we've been involved in this many times - but USCIS scrutinizes these portability requests closely to make sure that the business is real and that there's real and sufficient work being done.
Thank you! I will be working with an immigration attorney when I decide to take the leap then!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#147Hi Peter, for visas for YC Founders. Have you heard about passright? or do you recommend working with a lawyer directly? Interested in O1 or IEPP. (but open to other options)
Unfortunately, I have heard about it but I don't know much about it. Both O-1 and IEP could be good options. There are pros and cons to each. Relatively speaking, the O-1 is more subjective/discretionary but premium processing is available while the IEP seems like a more "check the box" type of application and spouses can get work authorization but the turnaround time is completely unknown.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#148Hey 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…
I've always steered clear of the EB5 program so I can't really comment. Regarding your other questions, while not automatic, most PhDs qualify for O-1 classification and some type of self-petitioning green card, such as a national interest waiver or extraordinary ability green card, and funding, while helpful doesn't guarantee an O-1.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#149Hi Peter. Has the immigration situation for foreign CS PhDs wanting to get EB1 in the US gotten better? I had heard things had slowed down (with RFQs for clearly qualified researchers) during the last few years. What kind of timeline can one expect today? Also, I have heard Canadians are able to apply for EB1 without an H1B (I heard something crazy that it can be done while not in the country but also on TN). Can you pls comment on this? Thanks in advance.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#150Peter 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 at…
> 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.
Unfortunately this is very true of many other areas of the government. Reading through all of the paperwork and possessing all of the practical skills was insufficient for me to get approval to build a cabin. I couldn't figure out how to get anything past them. A couple of well-connected friends chimed in and boom - I got my permit.