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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

#51

Post by paxys »

bubbleRefuge wrote: post #11

A company in California wants to push me out the door unfairly and I'm a remote employee in another state and want to fight it or get some just compensation, should I consult an attorney in California or my state. ? (edit: sorry just noticed this is regarding immigration law only )

The laws of your state of residence will apply to you regardless of where the company is based.

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

#52

Post by Eumenes »

cgb223 wrote: post #42

I’ve just started a single member LLC in SC, and I’d like to contract with a company in Florida. I will be working predominantly from SC remotely, but may end up in FL for an onsite every once in a while. Do I need to _also_ set up an LLC in Florida to make this work or is my SC LLC sufficient? If yes, do I need to do this in all 50 states if I want to do business with entities in each, or how do individuals acting a…

this seems more like a tax question and not immigration

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

#53

Post by Swizec »

moralestapia wrote: post #23

Hi Peter, Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US that's pulling some decent revenue, is it worth applying for an O1? What other circumstances come into play against/in favor of this? I've seen a lot of advisors and "influencers" all over the web saying that it's "easy". I don't think that's the case because not…

I have gotten two O1's and then the greencard version (EB2). It isn't easy in the "not a lot of work" sense, it's easy in the "not random" sense. If you put in the work (that also helps your career), tick off the required boxes, and present the evidence correctly, you will get the visa.

But yes an O1 takes a shitload of work.

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

#54

Post by throwaway_ldn2 »

Hi, what options are there for someone with dual UK / Europe (Germany) citizenship to come to the US to work (either as an employee, or to start a business) - and how long much security in staying if the job / startup doesn't work out? How costly would it be for either the individual, or the sponsoring company? Thanks!

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

#55

Post by proberts »

aaraujo002 wrote: post #25

Hi Peter! I am an ML postdoc with ~200 citations and a few papers at top ML conferences. I would like to apply for the EB2-NIW and I am wondering if it is really necessary to go through a lawyer. I have heard from a few people online who have wrote the petition themself, but from what I have gathered, most people go through lawyers. What would you recommend? Thank you.

That's really a question of cost-benefit because from a purely outcome standpoint, I would recommend going with someone (a lawyer) who has prepared and filed these types of applications. At a minimum, I would recommend having a lawyer review your background to see what options you have (NIW or even EB1A) and to identify any issues. Because with your focus and background, you also might qualify for EB1A.

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

#56

Post by huy-nguyen »

Hi Peter. 2 questions for you:

1) PERM processing time keeps getting longer and longer (now at 11 months, up from 5-6 months a few years ago). Do you know why or if DOL has any plans to improve it?

2) What’s the current average PERM-based I-485 processing time you’re seeing in your office? Any processing time advantage to submitting I-485 separately versus concurrently with I-140?

Thanks.

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

#57

Post by orangepurple »

not_your_vase wrote: post #13
j33zusjuice wrote: post #4

US immigration? If I live past tomorrow, I want to leave the US. Idk how to even start.

The grass is always greener on the other side lol Personally I am investigating how could I move to the US...

If you are talented and influential and meet the requirements don't forget about EB-1 and O-1 visas

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

#58

Post by proberts »

mportela wrote: post #35

An H-1B person, after having extended the visa once, will need to go through the lottery again next time, right? If they have done a Master's degree in the US, will this second H-1B application go to the Master's cap quota like the first one?

No, with limited exceptions, once someone has been selected in the lottery, he or she won't have to go through the lottery again, whether in connection with an extension or job change.

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

#60

Post by proberts »

commandlinefan wrote: post #41

Do you get any pushback from any government organizations for sponsoring new H1B visas when millions of US citizens are unemployed and unable to find work?

In my experience, that issue is never raised (and there's no test-of-the-labor-market requirement in the H-1B context).
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