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

news.ycombinator.com

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

#81

Post by proberts »

robbiematthews wrote: post #71

Hi Peter, nice to meet you. I am currently on STEM OPT with expiration being July 2026. What is the best backup path if I don't get the H-1B lottery in the next two years, O-1A or EB-2 or other? Priority date is 1.5 years for EB-2 so would it be advisable to have the company I work for to sponsor this? Thank you!

There's no downside to having your company kick off the green card process now; the process could move fast enough to allow you to stay past July 2026 (although this isn't likely). The standard options are the O-1 (which should be evaluated soon because you have time to build up your O-1 profile now if you need to) and full-time F-1 CPT through a graduate program.

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

#83

Post by farceSpherule »

Hey Peter!

Stop helping people come to the US. We don't need the outside help.

We have tens of thousands of unemployed tech workers in this country who need work.

Cisco has been in a stead state of layoffs for years, recently laying off 4,000.

Amazon and Meta are laying off.

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

#84

Post by proberts »

mrcptthrowaway wrote: post #76

A small word of warning: I'm speaking with brutal honesty, extreme language is used (unfortunately I have to, it's the truth). Throwaway for obvious reasons. I tweaked the parameters a bit, it's representative of my case but not my actual case. I'm going for a CR-1 visa. I married the love of my life a month ago. We knew each other for a year when we married. I thought it'd be fine but I gave it some more thought and…

Of course you should consult with an attorney before applying but I don't see any issue with any of these impacting your ability to get a green card

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

#85

Post by proberts »

lesuorac wrote: post #78
proberts wrote: post #37

Earlier quoted context omitted.

No worries. I just discussed this in response to another question.

Can you link to your previous comment in the future? https://news.ycombinator.com/item?id=41871481

Will do!

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

#86

Post by proberts »

abhinuvpitale wrote: post #60

How does EB-2 NIW essentially work? Is it tied to a specific employer or can it be used to justify H1b renewal/transfer beyond the 6 year limit at a different workplace with the different role ?

There are two types of EB2 green card paths, one (the PERM-based EBs) is tied to a specific employer and a specific job) and the other (NIW or national interest waiver) is not.

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

#87

Post by proberts »

alkh wrote: post #65
proberts wrote: post #51

Earlier quoted context omitted.

What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on g…

Just to chime in, what's the situation with getting an H1B visa for a Russian Citizen? Are there similar issues or is it still possible to get one?

Similar issues because the background check is the same regardless of the visa being applied for. Again, if you re already in the U.S. and seeking to change your status to H-1B or O-1, this isn't an issue.

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

#88

Post by proberts »

jjmarr wrote: post #72

Is it possible, as a Canadian with an engineering degree, to work 3 days in-office from the USA and 2 days remotely from Canada? Ideally, it'd be nice to have a US salary and live mostly in Canada.

100%. This would be permissible on any work visa, whether TN, O-1. H-1B, E-2, or E-1.

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

#89

Post by proberts »

spondylosaurus wrote: post #66
TZubiri wrote: post #58

Earlier quoted context omitted.

Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.

Immigration policies primarily govern residency, no? If you're not a resident of the US, any laws that apply to you would likely fall under employment or commerce, not immigration.

Correct.

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

#90

Post by proberts »

ponty_rick wrote: post #63
volkopat2 wrote: post #61

Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?

There is no cap on number of attempts. I think the 3 attempts you are referring to is the 3 year OPT after you graduate with a degree, companies usually try to sponsor during those three years while you're employed with them.

Correct. Thanks.
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