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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 proberts »

ddtaylor wrote: post #196

Thanks, 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?

Good question and I don't know the answer but this is sure to be a battleground in the coming years, states refusing to enforce federal law or to act as agents of the federal government.

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

#202

Post by proberts »

eaglehead wrote: post #198

Hi 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.

For founders, the two options are EB2 national interest waiver and EB1A extraordinary ability and which path to choose will require an analysis of your background and the company. EB1A is much faster but the bar is much higher although many founders who've created "successful" companies qualify.

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

#203

Post by alsodumb »

bhasi wrote: post #180
alsodumb wrote: post #147

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…

If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?

There’s a cap on how many EB1 green cards they give out per year, and there’s also a per country cap within that cap (no country cannot cross 7% of total cap)

Unfortunately, there are a lot of EB1C greencard applicants from my country (India) as the bar for L1 and EB1C is pretty low. Since all EB1 visas (EB1A, EB1B, and EB1C) are counted together towards the cap, that means that even though I required a muncher higher bar to qualify for EB1A, I have to wait in queue with all the EB1C applicants who applied before me.

Based on my estimate, it’ll be more than 6 years (or even more) for EB1A priority date to come to late 2024.

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

#204

Post by proberts »

hnbrg718 wrote: post #183

Hi Peter, thank you so much for your work and for doing these AMAs! I am a PhD student on an F1 at a US university who would very much like to stay after graduation. Without going into too much details, I think I would have a strong O1 or EB-2-NIW application (top US school, multiple publications, awards, reviewing) upon graduation, but I am worried about leaving it until then to start the process as I know it can be…

Having a PhD is less important than the other stuff - publications, awards, etc. - so there's no need for you to wait until you graduate to start the process. As a first step, I would recommend that you get your qualifications evaluated now because it's possible that you could pursue an EB1A now or an NIW at a minimum.

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

#205

Post by proberts »

hhthrowaway1230 wrote: post #185

> The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. What do I need to become a fashion model?

If you're being serious, you should sign with an agency as a first step.

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

#206

Post by lovely_bones_42 »

brit_in_america wrote: post #142
akktor wrote: 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…

[dead]

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

#207

Post by uhuruity »

Thanks for doing this Peter. I have two questions, advice on either/both would be much appreciated!

1) Partner moved to the US in L1B status, after 2-3 years successfully adjusted to L1A status, based on having been promoted and perhaps been initially misclassified. Would they be eligible for the EB1C green card?

2) How can an individual on the STEM OPT extension best work on their own entrepreneurial ventures? Would it be sufficient to incorporate as a C-Corp and have 1-2 Americans on the Board, with the authority to fire me, serving as my supervisors? They have relevant work experience and could easily be my manager in a corporate environment. Or do they have to own >50% of the company too?

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

#208

Post by proberts »

alsodumb wrote: post #181
proberts wrote: post #164

Earlier quoted context omitted.

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…

Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!

That would require a short discussion - give and take - and I'd be happy to prepare you when you get to that point.

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

#209

Post by esel2k »

Thanks, so many interesting answers. As an European working for a US tech company - regular visiting but world traveler as my passion. Is there officially a list of countries one should not visit (just tourism) that could harm career prospects while working for a US company for visas? Thank you.

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

#210

Post by proberts »

alsodumb wrote: post #203
bhasi wrote: post #180

Earlier quoted context omitted.

If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?

There’s a cap on how many EB1 green cards they give out per year, and there’s also a per country cap within that cap (no country cannot cross 7% of total cap) Unfortunately, there are a lot of EB1C greencard applicants from my country (India) as the bar for L1 and EB1C is pretty low. Since all EB1 visas (EB1A, EB1B, and EB1C) are counted together towards the cap, that means that even though I required a muncher highe…

For those from China and India, based on the current backlogs, the process would take about 4-5 years; for those from every other country, there is no backlog in this category so the process could take less than 1 year.
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