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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

#181
post #170

Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.

They can search your phone? Do they need cause?

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

#182
Case: I'm currently in US on L2 (dependent on my wife's L1B). Wife's H1b got picked this time and she wish to postpone accepting the H1B because if she gets on to H1b right away, spouse( I in this case) will become ineligible to work ( on H4) until she has approved I-140 which is going to take 1+ years.

Question: How long can she safely keep the H1b lottery acceptance active without losing it ?

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

#183
Online sources seem a little contradictory for this, so you came at the perfect time. Appreciate you doing this, Peter!

I'm a student working full time on the F-1 visa OPT, and am considering starting a startup next year. I'd be in my STEM OPT and thus somewhat self-employed. Would that be possible? Are there any dangers/considerations there?

Thanks, Jesse

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

#184

Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…

This is the most European question I would have ever imagined.

It's US law. Are there similar European laws?

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

#187

Earlier quoted context omitted.

This is the most European question I would have ever imagined.

It's US law. Are there similar European laws?

The European attitude is: Am I breaking the law? How do I make sure I’m not?

The American attitude is: I’m not breaking the law until someone tells me to stop.

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

#188

As an American living abroad who wants to help my international friends I’ve worked with get to the US and into tech jobs could I sponsor them or vouch for them in anyway? One is an Indian citizen the other Turkish but will soon have his German citizenship.

I think the best you could do perhaps would be to act as a reference or use your contacts at US companies (if you have any) to give your friends some leads.

One person I know has a valid visa and is in the US already (due to his wife taking a phd there), but has been unable to secure a job for many months now. The market is rough.

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

#190

My impression is that over the past 20 years or so, the visa process has become a lot more bureaucratic, involved, and time consuming. Is that your impression as well? What has changed, and why? Are any of the changes for the better?

My PERM was certified yesterday after 12 months and 2 weeks. That used to take 6 months. I'm now backlogged until October which never used to happen at all to ROW (rest of world excluding India and China) applicants.

My PERM was certified in August. Took a little over 16 months because it went to audit. Timelines on PERM shot up around the same time as I applied and have been steadily getting worse.

Filed I-485 in November, approved in 4 months and a week. So once your date comes up, they seem to be moving quickly.

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