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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

#161
What are better chances O1 or H1B? Still need apply for a visa waiver due to a record on my file.

For O1 - I have a company

- I'm getting published soon (Springer Nature. I only have a Bachelor in Science)

- I have articles written about me

- I published 2 articles in a large newspaper

- I was a judge at a hackathon

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

#162

Earlier quoted context omitted.

I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in the U.S. So children born in the U.S. to diplomats aren't considered citizens at birth.

The same is true for people born into war zones not fully under US control. I still wouldn't write this off. All it takes is a compelling argument for a new interpretation of "and subject to the jurisdiction thereof". It's pretty easy to make a compelling argument. The 14th Amendment was intended to address the citizenship status of freed slaves and their descendants post-Civil War. It was not meant to apply to the c…

Are you seriously suggesting that undocumented immigrants are immune from US jurisdiction in some respect? This sounds like a reverse version of the odd legal theories proffered by sovereign citizens as to why they should not be subject to judgements in US courts.

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

#163
post #122

some incomplete notes on my recent o1 . i recommend minn at lighthousehq, tell her i said hi https://github.com/swyxio/swyxdotio/issues/477

I've heard good things about LighthouseHQ from friends. The founder agreed to look my case over but then ghosted me. Unclear why, but I followed up and didn't hear back so

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

#164

Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth. I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry…

It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1 visa and attending your O-1 visa appointment to minimize the risk if this issue is raised by the Consulate.

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

#166
post #111

Hi Peter! Thank you for doing this. I'm a software engineer with 3 years of experience and a MSc degree in computer science. I'm currently working in a big tech company in the UK and I would like to move to the US in the near future. At the moment I'm more leaning toward an L1 because I don't have to go through the lottery but I'm exploring other scenarios. Would you recommend trying to move to the US with an L1 or a…

I assume L1B because you mentioned “engineer” instead of “manager.” I’m currently on an L1B visa, which is a three-year dual-intent visa extendable for another two years. This should provide ample time to initiate and complete a Green Card application under Employment-Based 2nd preference. However, I would consider choosing the H1-B visa for the following reasons: It’s getting harder to get L1-B because USCIS are ask…

I was assuming that you qualified equally for both visas but from an outcome standpoint, if the employing U.S. company doesn't qualify as a "blanket L" company, then it can be very tough to get an L-1B visa (which is for professionals/non-managers) because the process goes through USCIS. So, from an outcome standpoint, unless the employing U.S. entity qualifies as a blanket L company, it's much easier to get an H-1B visa.

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

#167
post #161

What are better chances O1 or H1B? Still need apply for a visa waiver due to a record on my file. For O1 - I have a company - I'm getting published soon (Springer Nature. I only have a Bachelor in Science) - I have articles written about me - I published 2 articles in a large newspaper - I was a judge at a hackathon

Without knowing all the details, it looks like you should have a solid O-1.

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

#168
post #143

Hi Peter, Thank you so much for doing this. I just moved to the USA as J2-Dependant. I have already submitted form I-765 to get a work permit (EAD) but this can take between 3 and 4 months. A European company that just opened an office in the USA would love to hire me but might not want to wait that long. Is there anyway to speed up the process by them sponsoring me?

There would have to be a visa that you qualify for that the company could sponsor you for, such as an O-1 or a country-specific visa, but given how long such a process likely would take, even if you qualified for another visa, you probably wouldn't get it much faster than the J-2 work card.

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

#169

Any pitfalls to watch out for for Canadians on the TN? Specifically during this next administration?

We just have to keep our eye on this because almost certainly there will be changes whether to the application process or to the application/interpretation of the regulations.

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

#170
post #96

Hello, I am a computer science research engineer with 2 years of experience in a non-U.S. big tech company research center in Europe. Before that, I worked as a research fellow at the university after I got my master degree. During that time I published 4 papers, and I was a reviewer for a CS journal (even though I actually reviewed only 1 paper). I actually have 60-70 citations of my works (if it might be relevant i…

Very high.
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