If someone comes to the US on a tourist visa for 6 months, but then sends documentation to extend their stay based on another status, can they stay while it's being evaluated, even if it takes more than 6 months? If it is rejected, how soon afterwards would they have to leave, and will their stay be held against them?
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
#212What are the requirements for an ordinary worker, who isn't necessarily "amazing", to get a work visa sponsored in the USA? The employer has to conduct a bona fide search locally and show that they were unable to find a local worker to do the job as well as the remote worker? What if the remote worker was already working remotely, and knows a lot of the codebase etc. ?
Would something like this visa be most appropriate: https://www.uscis.gov/working-in-the-united-states/permanent...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#213What is your opinion of software patents?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#214How common are H1Bs for people without a degree but with 12+ years of experience? Is that a legit thing?
I replied elsewhere - but this was my (successful - now an LPR) path. My lawyer told me you need a 4 year degree equivalent, and 4 years of experience can convert to a year. If you have zero university education, that would be 16 years' experience required, based on that lawyer's legal instruction.
The relevant part is 8 CFR 214.2(h)(4)(iii)(D)(5) ( https://www.law.cornell.edu/cfr/text/8/214.2#h_4_iii_D_5 )
> 5) A determination by the Service that the equivalent of the degree required by the specialty occupation has been acquired through a combination of education, specialized training, and/or work experience in areas related to the specialty and that the alien has achieved recognition of expertise in the specialty occupation as a result of such training and experience. For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college-level training the alien lacks. For equivalence to an advanced (or Masters) degree, the alien must have a baccalaureate degree followed by at least five years of experience in the specialty
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#215Earlier quoted context omitted.
There is not currently any specific "pathway to citizenship" designed for people who are currently in the country illegally. They would have to qualify for a green card on the same basis as anyone else, then apply for citizenship after that. However, they often are not eligible to do so because of their illegal prescence. If one has been in the US illegally, as an adult, for more than 180 days, they have a three-year…
The child rule makes no sense to me. What was the motivation?
The idea is that adults can sponsor their parents for a green card but children cannot. Of course it makes absolutely no sense given the disruption to US citizen children's lives if their parents are deported, but US immigration generally is quite cruel if you're on the margins.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#216Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What are the methods available for these people to become citizens if they so wish?
Leave the US and apply for US immigration from their own country?
This is the worst possible advice in this situation. If you're an unauthorized immigrant, DO NOT listen to this advice. Talk to a lawyer instead.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#217A friend entered the US on an ESTA last year. They ended up getting married to their US spouse while in the US, but had no intention of staying in the US and left on day 88 or so. Does this hinder their chances of re-entering the US on an ESTA for short periods (i.e, in this case, visiting their in-laws)? As I understand it, you're not supposed to get married while on an ESTA, but the way the law reads is that you're…
You're not supposed to come with the intent of both getting married and then staying afterwards on a non-immigrant visa. Getting married is fine. Getting married and then changing your mind is acceptable. Immigrant intent on a non-immigrant visa is what leads to 7A1 refusals. Your friend's real problem is the 88 days. Long stays like that on ESTA are not a problem until suddenly they're a problem. They raise eyebrows…
> Come for a couple of weeks, or get an immigrant visa.
You mean, come for a couple weeks, but don't fall in love or start a family with an American girl or boy.
> Getting married is fine. Getting married and then changing your mind is acceptable.
I would imagine that getting married and changing your mind is what this policy is meant to encourage! What about getting married and not changing your mind? What about having and raising children?
Is it United States policy that the children of such marriages must be raised only by single parents?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#218What are you seeing in terms of impact of the Canadian Open Work Permit for U.S. H-1B Visa Holders? Has there been a large volume of talent moving to Canada from U.S. tech centers? Edit: It looks like the 10,000 person cap was already hit [1]. Do you think there is a huge demand beyond the 10k cap? [1] https://www.canadavisa.com/h1bowp.html
The might did it out of desperation, but soon they will realize it was mostly a mistake due to low wages, high prices of goods and taxes, very limited opportunities and funding for small businesses, limited market, and obviously the harsh weather is the cherry on top.
I know many of my friends who used to work at Meta, Google, Amazon, etc. who have applied for this visa, or Canadian PR to move away from the US. People prefer having the emotional safety of not having to uproot their lives when they lose their job, over a few more bucks.
People at senior levels in big tech are now earning 400k CAD. That should afford a nice life.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#219I'm still in high school but here is my question. Would it be possible to create a startup on a F-1 visa(student visa) and then sponsor yourself if the startup gets enough money to afford paying an employee and get a work visa that could later lead to a GC? Thanks
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#220Earlier quoted context omitted.
Much like the other commenter, I learned to never ever do any of this stuff (ordinary travel or renewals) via land crossings. You can have a major trajectory change to your life on the whims of a border guard who is just having a bad day even if all of your ducks are lined up and perfectly documented by a large multinational. Bend over backwards to avoid land crossings until you can secure yourself a greencard.
It doesn't really matter which crossing, IME, you may always encounter a power-tripping officer, and officers at each kind of entry port have the same power. I've been waved through no questions asked at land crossings, pulled into secondary and interviewed by 6 officers in pairs of 2 at an air crossing - and vice versa. Ultimately, admission is at the discretion of the officers unless you're a citizen. Even a green…
> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency.'
If you're actually living in the US and just taking occasional vacations abroad this is extremely unlikely.
Where people get caught out is when they're trying to basically snowbird between two countries while still on a green card. In that case it's better to first serve your 6 years in the US to earn citizenship. Then you're free to go anywhere anytime you want.