Just great stuff. Thanks again. I'm taking another break and will be back again soon.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
301–310 of 409 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#302How common are H1Bs for people without a degree but with 12+ years of experience? Is that a legit thing?
Very legit. The experience just needs to be professional and well-documented and the evaluation done by a reputable evaluation service.
Documented meaning I need to have all my previous job contracts/documents? What if the companies don't exist anymore?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#303Earlier quoted context omitted.
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.
No, not illegal at all.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#304In 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…
One option is to apply for Global Entry/NEXUS for Canada. You will have a single potentially miserable interview with a CBP officer who might bring your denial up because I'm sure they ask if you've been refused entry before. But if they're happy, you can enter the border without speaking to any agents (or a significantly reduced chance). Once cleared, on arrival, they snap a picture of your face at a kiosk and wave you through on an iPad (no passport involved). It works out to around 20 dollars a year plus your home country's admin fee.
This doesn't solve your problem entirely but if you're legally allowed to be in the US then there's nothing underhand about taking advantage of the program.
I think NEXUS might be easier, but when I did this as a European the border agent didn't really know what to do and was very grumpy that I didn't provide a US address to send my card which I was told by a different airport I didn't need. Once that was sorted, I haven't had any trouble since and it usually eliminates queueing at the border.
If you're physically in the US, do it at an airport if you can get an appointment - they tend to be much more relaxed than the border guards.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#305How long can a green card holder stay outside of the US without loosing the green card? What roles do forms I-131 and N-470 play? Many thanks!
If the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.
Is a reentry permit a document that can be obtained by filing the I-131 form, or how can one obtain such a permit?
Could you spell out what "2 years at a stretch and generally up to 5 total without issue" means for non-native speakers?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#306How 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.
Thank you! At this point we reapplied but left thinking, what if we had filed a motion? The main thing was they did not know how quick it would have reopened and I risked running out of authorization in the meantime.
They did not strike me as particularly knowledgeable as to getting a Congressional office involved even though I brought it up. Just big-tech provided lawyers, not sure how effective they are when the process deviates from usual
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#307Hi! Thanks for doing this! I am a PhD student planning to apply for EB-1 soon (that's the only path that could work for me due to my nationality). I am trying to understand what it takes for a successful EB-1 application and have a few questions: 1. From what I've seen, the application packet I will send would be hundreds of pages (with all the expected evidence). I am assuming the officer reviewing my application wo…
Not a lawyer. General advice assuming you are from India/China.
First, don't procrastinate. There is a non linear relationship between real time and USCIS time. It's something like 1:5 or more. So 1 month of procrastination is delaying your green card by 5 months. If you don't think you can do an EB1 right away, do an EB2-NIW to lock the priority date, assuming you don't have a priority date already.
1. The bar is sustained international acclaim and being at the top of the field. If you fit the standard researcher profile, papers, awards, citations, patents, salary and other quantifiable metrics would be a good place to anchor your application.
2. Supplement it with reference letters and show impact in other ways. It's all subjective. Look at other templates or get a lawyer.
3. There shouldn't be any interaction between the two, but not a lawyer. Check with one, especially if you plan to travel.
Look at AAO decisions to get a sense of what gets rejected.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#308Hi
I am a ML researcher (with a couple papers) in Canada (intl student from India), in senior year of undergrad. What are my chances of O-1? It's supposed to be for extraordinary people which, by definition, can be a very high bar to clear.
So I was wondering if there is any point working towards it or just go with L1B or something?
Any information would be appreciated. Thanks
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#309Earlier quoted context omitted.
Not advice, just some words of encouragement: I am in a very similar situation (German citizen, US citizen spouse), and we started our I130 petition at the end of August last year. We got the approval notice (for the I130) literally this week. So with your November filing, I think it would not be unreasonable to expect an update within the next 3 months or so. And from there on it should go fairly fast, probably just…
Good guidance. That's what we're seeing as well with marriage-based immigrant visa applications, about 9-12 months for the I-130 to be approved and then, depending the consulate, about 1-4 months to get the immigrant visa.
I am in a similar situation. Is there anything we can do if we havent heard back from them in more than 18 months?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#310What would be the advice for Canadians who want to start a company, but are unable to do so because they are on a TN/H1B? As I see it my only options are: a) Move back to Canada, start company there. Does this impede getting VC funding? Can I somehow move back to the US if my company becomes successful? b) Wait until I get a greencard. Further question: c) Is it better to go TN->PERM or TN->H1B->PERM, what are the dr…
Get some tax advice!!! If you own more than 10% of a foreign company your US taxes become very, very complicated. I relinquished my green card after my first tax filing. If you want to be in the US, found your company in the US.
I'm confused. I thought on a TN or H1B I'm not even allowed to start a company in the US.