Live data from Hacker News

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

news.ycombinator.com

211–220 of 250 posts

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

#211

What are effective approaches to getting a greencard/ having the flexibility to apply to any US based company to join the job market there? (I am based in the UK with a British passport). Thank you for putting time and effort in this.

For the typical (strong) passport holder, one of the most reliable routes is to get employment at an offshore office of a US-based company with significant international operations (eg: Google, Amazon, Facebook, etc). Working for their London office should be tenable.

Once there, aim for a transfer to HQ or US-based office via the L1 visa (higher likelihood than other US employment visas). From there, with a UK passport you will have a much shorter/non-existent queue to apply for and be granted a green card (within 2-4 years of L1). From there, you have full employment (or non-employment!) flexibility within the US.

The whole timeline should be about 4-8 years from getting your UK-based US-company job, which isn't short or quick, but far more reliable than many other options.

If speed is the priority, you have to take some risks.

- You can shoot to get an H1B but it's the biggest lottery shitshow. Large employers are generally unwilling to spend much effort on this these days, they may try once and then rescind the offer if the application fails.

- You can try to start a business, raise US investment, and then qualify for IEP (see other thread here)

- You can find a US-based cofounder(s), start a US-based business, and then try (probably multiple times) to file an H1B for yourself as an employee of your business. You must hold less than some % of the business to be above board.

- Above, but try for an O1 instead of a H1. Lower chances, but more flexibility once you get it. Green card is an option immediately.

- You can be an impressive individual by filling the criteria and apply for an O1.

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

#212
Thanks Peter for doing this.

I had my PERM and I-140 approved in 2017 but haven't filed my I-485 yet. Visa (H1B) and sponsoring employer are still the same as on the the I-140. Priority date on I-140 is in 2017.

I am about to file I-485. Is there any issue that may arise during I-485 processing from the delay between I-140 and I-485?

Thanks so much

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

#213

What are effective approaches to getting a greencard/ having the flexibility to apply to any US based company to join the job market there? (I am based in the UK with a British passport). Thank you for putting time and effort in this.

Short of qualifying for an O-1 visa, from a long-term standpoint, the best options are probably working for a company in the UK (ideally in a managerial capacity_ and then transferring on an L-1 visa to a related in the US (ideally also in a managerial position) or getting an H-1B visa but this is subject to a lottery and the odds continue to get worse.

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

#214
post #152

Earlier quoted context omitted.

Speaking generally: People need to remember that there are two or more sides to every story. It's impossible to evaluate any of this accurately in the context of an internet thread, and since it's a no-win situation for the person or organization being accused, there's no way for the full picture to emerge. Speaking specifically: Peter handled my personal case with consummate professionalism and effectiveness, and I'…

I didn't realize until now that you are an immigrant, but this actually makes a lot of sense. You seem to consistently delete comments that show any hint of sympathy for the American worker. And more broadly speaking, you seem to moderate any comment or content that doesn't tow the liberal party line. Canadians can really be the worst sometimes, and it is shame that you were able to weasel your way into this position…

Sorry, but I'm pretty sure I don't "consistently delete comments that show any hint of sympathy for the American worker". You needn't take my word for it though: https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

The significant word in your comment (besides "weasel", which was a good one) is "seem". These perceptions are notoriously, hopelessly, even absolutely conditioned by the political passions of the perceiver. It's quite remarkable; I would not have believed that any social phenomenon could be so mechanically consistent as this one turns out to be.

https://news.ycombinator.com/item?id=26148870

https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

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

#215

Hi Peter, thanks for doing this. I'm a permanent resident (won the Green Card lottery) and I'm currently living in the US. I'm going to marry someone who is not a US citizen this summer. When I check the regular process, it took almost 2 years to bring my future wife to the US. What is the fastest way to bring my wife to the US after the marriage? Thanks again.

Unfortunately there's really no way to expedite the marriage based green card process. What's frustrating is that if you were a nonimmigrant, she could come over right away on a dependent visa but that's not an option for spouses of permanent residents. We've had clients give up their green cards and switch to a nonimmigrant status because of this. Is there any chance that your fiance could qualify for her own work visa? Because once here, you could sponsor her for a green card, a much better process than going trough a US Consulate abroad.

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

#216
post #207

In a remote-work world, why ever launch a startup in the US / Canada? Why not launch in a tax-free zone, like Dubai?

Compliance. If you're building a SaaS startup then it's very important to have physical presence in the US

Could you expand on this. Is this only for government-based contracts?

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

#217
post #199

Earlier quoted context omitted.

??

There are things called Law Societies or Bar Associations that are built to accept and investigate these types of complaints. That's the nature of regulated professions - there are places to complain and investigate.

Do I want others to benefit from my experience? Yes

Do I want to help fellow entrepreneurs avoid negative immigration consequences? Yes

Do I want Peter to lose his law license or get sanctioned? No. Even though I have specific proof which could get him at least sanctioned.

Do I care whether more or less business goes to Peter? Also no

His actions turned my life upside down. It took me years to fix things. Abandoning me after rejection was worse. He talked to me the day before rejection in a very positive discussion. After the rejection he didn't reply to any email nor returned any call. His paralegal kept responding to me.

I am not trying to be vindictive here.

I am just trying to help fellow entrepreneurs. I went with Peter based on his AMA. It ended up being a huge mistake in my case. Hope others can use my experience as a data point to do further due diligence!

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

#218

Thanks Peter for doing this. I had my PERM and I-140 approved in 2017 but haven't filed my I-485 yet. Visa (H1B) and sponsoring employer are still the same as on the the I-140. Priority date on I-140 is in 2017. I am about to file I-485. Is there any issue that may arise during I-485 processing from the delay between I-140 and I-485? Thanks so much

The only issue would be if you've changed jobs or job locations and the new job is not an inline promotion but really a new position altogether. But the gap in and of itself is not a problem.

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

#219

Hi peter, I have an early stage (corp I havent renewed this year) What steps would I take for obtaining an h1b for a employee if they were deported? Any approaches appreciated!

It really depends on the basis of the deportation and whether the employee requires a waiver and would qualify for one.

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

#220

Hi Peter, Thank you for taking time to do this. Can I get a gun on O1 visa while working in SF? Thank you!

Unfortunately, I'm not familiar with the requirements for purchasing guns but as far as I know, there's no federal law that prohibits foreign nationals from owning a gun.
Post reply on HN