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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
151–160 of 418 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#152Earlier quoted context omitted.
The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the application is pending/until it is approved.
What happens if / when you eventually find a job? Can you file another change of status to a H1B? Does the status of the original change of status app matter? (e.g., can you apply for a COS to H1 while the COS to H4 is still pending?) Thank you!
Yes, a COS from H-4 to H-1B is an option. However, if the H-4 COS is still pending, you might not be able to get the H-1B petition approved as a change of status but all this means is that to "activate" the approved H-1B petition, you would need to leave the U.S. and reenter with your existing visa stamp (obtained through the previous company) or leave the U.S. and apply for an H-1B visa (if you don't have a valid H-1B visa stamp obtained through the previous company).
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#153Earlier quoted context omitted.
That's mostly a knee-jerk ignorant position since it's oftentimes very easy, fast, and inexpensive to hire a Canadian in TN status. So it's a process of somehow getting through to someone at the company to educate them not to pass on a good candidate simply because they're Canadian. Which of course is a lot easier said than done.
Does this also apply to Mexican's wanting to get a TN as well, I've heard the process is slightly different?
It's a different process for Mexicans because they're not visa exempt like Canadians and so have to get a TN visa at a U.S. Consulate.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#154What do you think will change for folks who are paroled under Uniting for Ukraine ( https://www.uscis.gov/ukraine )?
That's a really good question and of concern to a lot of people. No one knows at this point but the concern is that the new administration will kill the program or at a minimum modify/restrict it.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#155Earlier quoted context omitted.
It's in the Constitution (14th Amendment) I would say extremely unlikely.
I wouldn't. The wording of the 14th Amendment is ambiguous and was arguably misinterpreted by the courts. "All persons born or naturalized in the United States, AND (capitalized for emphasis) subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." If they can get the SCOTUS to reconsider United States v. Wong Kim Ark from 1898 it could go either way - the court is…
I am not an immigration lawyer, but I am very interested in immigration law and the effort to overturn this precedent in particular, an interest whch goes back more than 15 years; so I have done a lot of reading on this argument.
The whole phrase about 'subject to the jurisdiction thereof' refers to the fact that foreign diplomats (and often, their families) are not subject to the jurisdiction of their countries of residence, a concept known as diplomatic immunity. This sometimes leads to people with diplomatic privileges avoiding legal consequences that would otherwise result in fines or custodial sentences, as in this recent case: https://en.wikipedia.org/wiki/Death_of_Harry_Dunn
Regular, not-diplomatic people of foreign origin who are in the US are subject to the jurisdiction of US courts like anyone else. I have never found any legal justification for the opposite view other than the intense desire of the proponent for things to be different. Usually people who want to sweep aside this precedent rely on an 18th century book called The Law of Nations by Swiss legal theorist Emer Vattel, which opts for a concept of de jure (naturalized) citizenship rather than jus soli (of the soil) citizenship as exists here and in some other countries. They argue that it was a very popular book in its day and that Washington, Jefferson, and other founders of the US had certainly read it. when asked why they didn't just write this into the Constitution you usually get a hand-wavey answer about how it was so obvious they didn't see any need (at best) or the person just stops responding or gets mad (at worst).
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#156[flagged]
Why do you say that?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#157[dead]
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#158How's it going?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#159Do you think nonimmigrant worker petition adjudication is stricter at land borders, pre-flight inspection stations by CBP as compared to a filing with USCIS? How common is it for CBP to deny entry / readjudicate a petition if a worker has an approved USCIS petition and an approval notice?
Adjudications vary considerably from land crossing to land crossing and from airport in Canada to airport in Canada but as a very general rule, it's easier to get a TN through CBP at a land crossing or airport than through USCIS but this also depends in part on specific TN occupation being applied under and the applicant's background. It's rare but not unheard-of for CBP to deny entry to a Canadian with an approved TN petition. Again, the risk varies by land crossing and airport with Pearson probably the worst and to be avoided if there's any concern.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#160Hey Peter! I wanted to thank you for doing this. I just got my green card last year, and it all kind of started with me asking you a question about H1B caps in a thread like this almost a decade ago. Super appreciate you doing this for people that are dreaming of a better future, dreaming of the American dream. Wish you the best!
Wow. That's so nice to hear. Thanks!