If you get an O1 visa, does it have an expiration date? Or can I use it later (in a few years, e.g. when the baby grows a bit older)?
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
#192some 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
Hi Mark — Minn here. So sorry for my miss here. Drop me a line at minn@lighthouseh[dot]com to reconnect. We've worked with hundreds of applicants, many in the YC community and happy to see how we can help!
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#193Earlier quoted context omitted.
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 r…
Yep, it's pretty nonsensical. Presumably those that hold the view that children of undocumented immigrants born in the United States are not citizens also hold they view that they are immune to prosecution for crimes by the United States for the same reason, but they don't seem to talk about that much.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#194Hi Peter,
My wife has a green card, and has since October of 2021. We have filed the paperwork for her to get citizenship in November of last year, but of course these things take time to process.
Due to the anti-immigration rhetoric of the incoming Trump administration (particularly against Mexico), I am extremely worried that this might end up with delays or even a halting of the citizenship process.
Are my fears founded?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#195What percentage of new STEM hires are immigrants and what percentage are US citizens or greencard holders?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#196Thanks, Peter.
Do you think a state like Oregon can continue to have a state constitution it does with support for immigration as a sanctuary, etc. or is Oregon supposed to be more duty bound by local state constitution? What happens when they are mutually exclusive or the federal government gives orders that are unlawful locally? Does this become a 10th amendment issue?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#197Unclear to me why this info can't be (at this point it's the 20th AMA by Peter Roberts) in a faq format.
Sure it's helpful. But it seems on the surface to be lead generation for an attorney and
I'm sure there are tons of other professionals (legal or otherwise) that would like the same free advertising.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#198Hi Peter, I am wondering what's the best way to move from O1 to Green Card? I have my own startup which has sponsored by O-1 visa but need to get a green card to stay in the Bay Area long term. I am a Canadian Citizen if that helps.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#199Hi 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…
My personal experience, and I think the optimal case, is to come on L1 but apply to H1B via consular interview. This way, if you're ever fired from your job, you use the H1B to get authorization to work in a new company (need to leave the US and get a visa in a consulate), while keeping L1 benefits as possible (spouse can work and no lottery).
Could you elaborate on this a bit more? If your company sponsors you to come on an L1 visa, how can you simultaneously apply for an H1B? And in any case, how can you get the H1B at all without winning the lottery (assuming your employer is subject to the cap)?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#200Hi 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…
The problem with the H1B is, of course, winning the lottery. The odds are poor and generally getting worse each year. The L1B may be the only realistic option