Hello Peter, I am on F1 visa in US, working at Berkeley National Lab(DOE funded) as an intern for almost a year, I have received an offer to join them full time. Which visa should I consider: H1B or EB1/2 or O1?
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
#72I work for a large tech company, and have applied for EB3 green card in May 2023 (11 months ago). My priority date has been current since Jan 1st 2024. However, I have not heard any updates about my application. Is there anything concrete I can do to speed up the process?
I have read that reaching out to your congressperson/senator might help. Do you have any data on how successful this path is?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74A friend recently received greencard through eb3 a month ago. How long is it recommended to stay at the job before quitting/switching to a different employer
That's a case specific question but broadly legally there's no minimum requirement.
This friend has already worked for the current employer for over 4 years under h1b visa with at will employment type. In this case, is it ok to say it is safe to quit?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75Earlier quoted context omitted.
See my response above. After they graduate, it's much easier, OPT and under certain circumstances STEM OPT permit this.
Thank you for your response! Which type of greencard should be used by the startup LLC?
What options are available for a F1 visa holder to get greencard through his/her own startup?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76Hi Peter, does the success of an H-1B application depend at all on the expertise level of an immigration lawyer representing me?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77Hi Peter, at which stage should a founder apply to O1?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Why does the EAD/AP card exist? Let’s say one is on an L1 visa waiting for the GC.
Why does the US even bother to issue the EAD?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79Hi Peter, thanks for doing this. I’m on an H1B and my employer is preparing to apply for an EB2-NIW for me.
Assuming I get an I-140 approved through this, if I subsequently leave this employer to pursue my own startup, would it be easy to retain this I-140 and/or the associated P.D.?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80Is it legal for a US employer to not promote US citizens that are currently part time to full time while hiring H1 Visa workers who do not do as good of a job?