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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

#281

Post by proberts »

embwbam wrote: post #142

My girlfriend is Canadian, and an AMGA Rock Guide (American Mountain Guide Association: the US certifying body). She would like to be able to work for gyms and guiding companies in the US. What's the best way to make that happen? (short of marriage... fool me once!) Should we hire an immigration attorney? Do you know if it would be easier for her to get permission to work in Europe?

You definitely should get fact-specific advice from an immigration attorney. Is she looking to live in the U.S. permanently or just work here when there's work?

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

#282

Post by proberts »

areyousure wrote: post #188

Have you (or anyone else) seen any issues with Russian citizens (including those not even located in Russia) having issues obtaining visas to the United States (or other countries)?

Yes, I've seen delays, even significant one, although - unless there's some controlled technology at issue - I've also seen the visas issued eventually.

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

#284

Post by proberts »

thrawa8387336 wrote: post #158

How often do you see mistakes in application? Was doing TN to GC and my case was considered abandoned because we never got the RFE for medicals. We also never got any warning online or otherwise. After 9-months of the supposed RFE, it was denied. My lawyers recommended not reopening because of TN

It might have been an issue - I can't know without knowing all the facts - but your lawyers should fight hard on not receiving the RFE and the resulting denial, file a motion/appeal, get a Congressional office involved. This isn't uncommon and usually USCIS will correct this.

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

#285

Post by proberts »

lelima wrote: post #174

Hello Peter, I'm Italian and my wife it's American, we're living in Ireland, What do I need to do for having a work permit in the US? and can the process be in Ireland? we would like to move once I get a job (the job ask if I can legally work there)

Yes, you could obtain a marriage-based green card but because you are outside the U.S., you would need to go through the U.S. Embassy in Dublin and this process can take a year or longer. While waiting, you wouldn't receive a work permit. That benefit is only available if you apply while you are in the U.S. with USCIS.

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

#286

Post by citiz3nkan3 »

proberts wrote: post #249
citiz3nkan3 wrote: post #196

My situation: - I am on an H-1B visa and working at BIG_TECH_CO - I am in the final stages of my EB-2 green card application process, which is sponsored by BIG_TECH_CO. My I-140 was approved a few months ago, and I-485 is pending. BIG_TECH_CO's immigration lawyers have told me that they believe my priority date will become current in October, when the green card numbers refresh for the government's fiscal year. - In…

There's no issue from a naturalization standpoint with changing employers if AC21 applies. That's the whole point of AC21, facilitating job change. AC21 is easy, as long as the I-140 has been approved, the I-485 has been pending 6 months, and the new job is in the same or similar occupation as the sponsored job, the I-485J should get approved without any issue. Regarding maintaining H-1B status, it's a nice back-up b…

Thank you for the response Peter! Really decent of you to take the time to help us all. The process can be stressful, as I'm sure you know.

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

#287

Post by booboo28 »

I work as a software engineer on H1B visa due to expire in Sep 2025.

My workplace is processing my GC, currently pending DOL wage certification.

I hate my job.

If I change job, it appears they'll have to start the process again. It looks like I will lose work permit if I don't receive i140 on time.

I haven't run the numbers but is it too late to change jobs now? What are my options?

It's too stressful!

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

#288

Post by proberts »

throwaway3895 wrote: post #228

Me: EU citizen, with a PhD. Wife: US citizen. We live in Europe. Wife cannot work due to a disability. How complicated would it be for us to move to US?

There might be a public charge issue. Either you and your wife would need to show enough liquid-ish assets or you would need to have a job offer from a U.S. company.

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

#289

Post by proberts »

glonq wrote: post #153

If an employee has been working for a US company for a few years (like on a TN or L-1A visa), is it common or expected that the employer might cover the costs involved in getting permanent residency? Or is typically on the employee to sort that out themselves?

Most companies cover the GC costs for existing employees.

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

#290

Post by fuckyah »

Gunnerhead wrote: post #87

In June 2021 I tried entering the United States with a TN packet as an Engineer with a Bachelor of Computer Science. However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status. Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was…

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