Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

171–180 of 318 posts

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

#171

Post by proberts »

ftyers wrote: post #148

What are the main things that USCIS looks at when deciding to approve an LPR application? Do they really require affidavits? How long are applications taking at the moment? And for advanced parole too?

Do you mean marriage-based green card applications? These are super easy and fast now (less than 6 months in many cases) and don't require a lot of evidence of the bona fides of the marriage. A few affidavits can be helpful but they're absolutely not required, particularly if the other evidence is solid.

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

#172

Post by proberts »

_jules wrote: post #132

Strange one: my parents tried to get visitors visa while I was on L visa and were denied (twice - in If it makes a difference), might they get better chances now that I have the green card? P.S. it's strange for me because they are pretty well off but nothing got checked at the embassy. Reason stated was to see me & the family (2 nephews).

That's surprising. They definitely should reapply. Where are they from and where do they live?

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

#173

Post by proberts »

root_lib wrote: post #143

Hi Peter! I am a EU citizen with a pending I-130 to relocate to my wife to the U.S. We've been waiting for more than 7 months with no response. In the meantime I acquired a job at a U.S.-based company, although that is without visa sponsorship and I am employed through an employer of record in my country. Yet, I am wondering if there's any way how my employment might help to speed up the process, given that the compa…

Are you a U.S. citizen or permanent resident?

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

#174

Post by proberts »

ghirni wrote: post #130
proberts wrote: post #129

Earlier quoted context omitted.

1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.

Thanks a lot! a follow up on (2) - what does a "geographical area" mean. Like would Houston and Austin be in the same geographical area? Is there certain miles radius a cut off or entire state?

Same MSA so Houston and Austin would be considered different locations,

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

#175

Post by lmm »

paxys wrote: post #48
snotrockets wrote: post #31

Earlier quoted context omitted.

This isn't necessarily true: "at will" means a legitimate termination has no notice period. Employers are not allowed to fire employees for any reason, or to have an abusive employment environment. OP: any employment lawyer could also advise you on jurisdiction.

Employers are absolutely allowed to fire employees for any or no reason as long as the reason isn't specifically illegal (e.g. on the basis of race or gender).

California has a privacy law that makes a large swathe of possible reasons (essentially anything to do with your private life, which covers most off-the-clock activities) specifically illegal.

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

#176

Post by _jules »

proberts wrote: post #172
_jules wrote: post #132

Strange one: my parents tried to get visitors visa while I was on L visa and were denied (twice - in If it makes a difference), might they get better chances now that I have the green card? P.S. it's strange for me because they are pretty well off but nothing got checked at the embassy. Reason stated was to see me & the family (2 nephews).

That's surprising. They definitely should reapply. Where are they from and where do they live?

Romanian residents & citizens. Even stranger is the fact that mom was rejected last year and the next person in the queue was a friend applying for the same visa and stating the same intention of visiting me - he was granted the visa.

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

#177

Post by proberts »

temp91223 wrote: post #146

Hello Mr. Roberts. Thanks for taking questions. I am currently on F-1 visa with about 1 year of STEM OPT left. I am looking into applying to Startups and only join if they are open to start EB-2 process right away. Is this something the startups will entertain or accept?

They oftentimes will support EB2/NIW filings in my experience but to be clear, because of the green card backlogs, almost certainly an EB2 filing won't allow you to stay past your STEM OPT; you will need another basis to live and work in the U.S.

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

#178

Post by lmm »

proberts wrote: post #70
boringg wrote: post #6

What are the biggest issues that you see in the immigration mechanism that the US currently has in place (in terms of tech work visas) and how can we improve upon them as a community? From your vantage point is the immigration mechanism (for tech) working effectively for its intention or does it not align with its stated intent?

For the most part, even if bumpy and burdensome, I think the immigration system works well (or well enough) for stars (or certain types of stars). But I don't think it works well for many others, such as talented engineers, for example, who don't meet the star definition, and for the companies that want to employ them. This was one of the purposes of the H-1B program - to allow for the employment of talented professi…

Can you see any paths to improve it? I'm sure any radical changes would upset one political side or other, but are there provisions or processes that are just lose-lose and could be adjusted without making either side unhappy?

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

#179

Post by proberts »

sbassi wrote: post #140

is there a path the GC after 8 years living in the US? (4 under L1 and 4 under E-2)

Unlike many other immigration systems, under the U.S. system, time in the U.S. in valid status has no bearing on the green card path/options.
Post reply on HN