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

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

#101

Post by proberts » Fri, Jul 28, 2023, 5:06 PM UTC

Herdinger wrote: post #80

proberts wrote: post #75

Earlier quoted context omitted.

Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when…

Thanks for the quick response, I agree if it would be that easy, sadly I’ve had friends that were turned away by customs for that exact reasons (staying months while they visited last time) and got recommended against even trying to enter by an attorney since the I130 in flight might be used by US customs against me. I don’t think you or anyone can assure me that if I am currently trying to enter the country for a vi…

With the right advice, you should be fine to travel. Never has a client of ours in your situation had an issue entering the U.S.

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

#102

Post by proberts » Fri, Jul 28, 2023, 5:09 PM UTC

_corvo_ wrote: post #81

I’m from India, planning to move to US on L1 as an IC. I want to get green card in 3-5 years or get out of the country. If I get green card, I want to look at bringing my parents permanently to US. As someone without any research papers, any significant industry presence, how difficult will it be to get an EB1 green card if I start chipping at requirements now? How doable is getting parents within next 5-7 years?

You can't sponsor your parents until you are a U.S. citizen and you must be a green card holder for 5 years (unless you are married to a U.S. citizen) before you can apply for citizenship. Will you be managing any employees in your position in the U.S.? Are you managing any employees now?

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

#103

Post by proberts » Fri, Jul 28, 2023, 5:10 PM UTC

hollowturtle wrote: post #95

Any option to apply to something like L-1 after doing remote work for years from the EU for a US company? I'm not an employee, just a freelance and the company doesn't have a subsidiary here

Unfortunately, no; to qualify for an L-1, your one year of employment abroad must be as an employee.

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

#104

Post by proberts » Fri, Jul 28, 2023, 5:10 PM UTC

dustedrob wrote: post #84

My employer was in the process of getting a PERM for me when they announced layoffs, which caused the petition to be denied. How soon after a round of layoffs is it "safe" to apply again?

The employer must wait at least 6 months.

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

#105

Post by afr0ck » Fri, Jul 28, 2023, 5:13 PM UTC

I am an Algerian citizen who is currently doing PhD studies in computer science in the UK. My area is systems and computer architecture.

The job market in the UK in my area is very slim I can't find the type of jobs I would like to do. That's the reason for me why I want to move to the US.

What are the possible routes that I can possibly take to immigrate to the US?

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

#106

Post by proberts » Fri, Jul 28, 2023, 5:15 PM UTC

dustedrob wrote: post #60

What's the usual cost for a company to change someone's status from a TN visa to an EB3/EB2 greencard? How long does it usually take?

There are multiple different EB2 and EB3 green card options so the costs and timelines can vary significantly. The timeline also can be impacted by country of birth. Very broadly, the total cost ranges from $10,000 to $25,000 and the timeline ranges from 1 year (EB1 from a country other than India or China) to 15 years (non-EB1s from India). For those not from India or China in the EB2 or EB3 category, the current processing is about 2-3 years.

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

#107

Post by WirelessGigabit » Fri, Jul 28, 2023, 5:16 PM UTC

sanctified384 wrote: post #44

Regarding the GC backlog for India, what is your best guess for the number of years it will take for priority dates in 2016 to become current?

Which category?

    1st 01JAN12
    2nd 01JAN11
    3rd 01JAN09
    OW  01JAN09
    4th 01SEP18

OW = other workers.

So check the diff between those dates and your date.

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

#108

Post by proberts » Fri, Jul 28, 2023, 5:17 PM UTC

itronitron wrote: post #47

Regarding remote work between Europe and the USA, is there an easy path for US based companies to hire a US citizen or an EU citizen to work remotely from an EU residence?

Unfortunately, this isn't really a U.S. immigration question. U.S. companies can employ anyone who is outside the U.S. without needing to obtain a U.S. work visa. U.S. immigration doesn't apply if the worker is outside the U.S.

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

#109

Post by vecter » Fri, Jul 28, 2023, 5:17 PM UTC

legolas2412 wrote: post #41

not-my-account wrote: post #28

Earlier quoted context omitted.

Where is there opportunity for fraud in the H-1B system? Fake / Shell companies sponsoring workers?

Calling it fraud is stupid. They deliberately reduced the work that is required, allowing people to file applications easily and cheaply. They deliberately allow people to file multiple applications, that I have not seen a single legitimate employee file. This is all deliberate, not a loophole or fraud. Also, it is stupid to call H1B a high-skilled visa when you hand it out via lotteries. I wonder if people consider…

Is submitting multiple applications illegal? I'd have to imagine that you would get caught for doing this once they see the same person in the system, especially if they approve the same person multiple times.

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

#110

Post by tequila_shot » Fri, Jul 28, 2023, 5:18 PM UTC

_corvo_ wrote: post #81

I’m from India, planning to move to US on L1 as an IC. I want to get green card in 3-5 years or get out of the country. If I get green card, I want to look at bringing my parents permanently to US. As someone without any research papers, any significant industry presence, how difficult will it be to get an EB1 green card if I start chipping at requirements now? How doable is getting parents within next 5-7 years?

Unless employees in your company are reporting to you in India, your hopes of getting into an EB1 category is close to zero. You need to prove that you've managed EMPLOYEES of your company in multiple countries other than the US.