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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

#201

Post by junar »

sirregex1 wrote: post #141

My wife's I-485 was denied because of an overlooked J1 residency requirement. She has to spend 9 more months in her home country for the residency, and we're looking into waivers. We would prefer not to leave because my current employment requires me to be in the US. Her no objection waiver was denied and now we're trying an exceptional hardship waiver. What are alternatives? Is this a good route to take?

The hardship waiver is likely going to be specific to the facts of your situation, so you may benefit from hiring your own immigration lawyer.

If your waiver is denied, there's of course the alternative of your spouse going back to her home country by herself.

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

#203

Post by fsndz »

OrigamiPastrami wrote: post #174
fsndz wrote: post #170

Earlier quoted context omitted.

wow, who hurt you ?

It seems pretty obvious the H-1B system hurt him.

If it's the H1B, why attack another person so viciously instead of attacking the system? By the way, it's the same story for immigrants almost everywhere. (African immigrant in Europe here—it's even tougher: companies literally expect you to be so grateful they gave you a job, as if you're not helping them generate profit and they did some kind of charity.) Conveniently, it's easier if you move from the U.S./EU to South America, Africa, or parts of Asia—remnants of colonialism, I guess.

The problem is the idea of the nation-state with borders and all. As long as we think being born in one part of the world gives you more rights than someone who just moved from somewhere else, we'll continue to have this bureaucratic nonsense that (and I'm almost certain of it) has a negative impact on economic growth. But I don't think that will change in the next 100–200 years, so let's deal with the unfair cards we have and move on with our lives.

finding ways to move on despite the administrative hurdles is the only pragmatic path forward. and Peter Roberts is trying to help with that ??

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

#204

Post by danielktdoranie »

Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively working against your fellow Americans helping foreigners abuse and exploit our immigration laws.

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

#205

Post by douglee650 »

Abrecht wrote: post #187

I have a Greencard and would become eligible to apply for citizenship this month. I wonder what the opinions are here on the pros and cons of that. Generally, regarding most practical aspects of daily life, being permanent resident seems pretty much equivalent to that of an US citizen. Pros: - can vote - can get security clearance, potentially more income - even long periods abroad do not bear the risk of loosing pri…

Major con: infinitely easier to deport

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

#207

Post by proberts »

sirregex1 wrote: post #141

My wife's I-485 was denied because of an overlooked J1 residency requirement. She has to spend 9 more months in her home country for the residency, and we're looking into waivers. We would prefer not to leave because my current employment requires me to be in the US. Her no objection waiver was denied and now we're trying an exceptional hardship waiver. What are alternatives? Is this a good route to take?

The waiver is the only alternative to satisfying the 2-year home residence requirement but hardship waivers are tough. Do you have an attorney? I could recommend attorneys who focus on such waivers.

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

#208

Post by giobox »

notanadvice wrote: post #111

Hi Peter, I’m an employee at big tech in an L1 VISA in the US. I’d like to know what happens if I get laid-off. Will I have a chance of finding another job. How much time will I have before leaving the country? I’ve heard I can get a green card via significant US investment. How much does that requires? Can I stay in the US while the process is ongoing?

Back when I was working on an L1, I continually lobbied my employer to apply for an H1B for me to give me more options in the event of losing a job, or even just the ability to change employer at all really. This is one of the most significant downsides of the L1 visa IMO, the options are comparatively limited/difficult if you do lose your job. Its biggest plus over the H1 is of course no lottery though, which is why employers that can use the L1 like it etc.

As I understand it, your employer can apply for the H1B lottery every year for you while still on the L1. Some companies will do this, eventually I did get the H1B I wanted back then. My colleagues on L1 all did the same thing too.

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

#209

Post by junar »

Abrecht wrote: post #187

I have a Greencard and would become eligible to apply for citizenship this month. I wonder what the opinions are here on the pros and cons of that. Generally, regarding most practical aspects of daily life, being permanent resident seems pretty much equivalent to that of an US citizen. Pros: - can vote - can get security clearance, potentially more income - even long periods abroad do not bear the risk of loosing pri…

I wouldn't frame the tax parts like that. Just by having a green card, you are generally subject to the same worldwide taxation as US citizens, with only subtle differences.

Perhaps a bigger difference is that it's somewhat easier to abandon the green card than to renounce US citizenship.

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

#210

Post by casenmgreen »

danielktdoranie wrote: post #204

Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively wo…

> Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit.

Why?

It's their money and their business.

What business do you or I have in forcing upon them what they can do? any more than they would have any business forcing themselves upon us?

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