I got 221g administrative processing denial for L1-B recently. I work at FAANG. From your experience is there any chance that this will clear itself soonish or that's kinda the end of the story? I know a few stuck waiting for more than a year. Is such an outcome likely for me?
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
#212If 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)?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#213[flagged]
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#214Earlier quoted context omitted.
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
#215Just curious... are H1-B holders still tied to their employer or have the conditions relaxed? Can anyone point me to some current (human readable not legalese) explanation of what you can do with the H1-B?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#216Hi Peter, I am moving to US with a L1A visa, and my family L2. I can apply for EB1-C directly after arriving to US?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#217Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#218Hi 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
#219Yeah, so, any chance you could do a monthly-or-so post that explains, in legal terms (of course!) why referring to an entire, diverse bunch of people as "H1Bs" (which, as you know, is just a visa class and pretty much, as you also know, the only path to legally entering the US as an immigrant without family ties or, well, the future-Head-Guy-or-one-of-his-cronies fancying you) is, like, a crime against humanity? Beca…
Even though you seem to be getting downvoted aggressively, I’m going to provide a short, good-faith reply.
First, I’m not Peter, and I’m not an immigration lawyer, but I can provide insight as someone who knows and has worked with many H1Bs.
Second, this thread covers the major points, imho:
https://www.reddit.com/r/AskALiberal/comments/1huxnn1/why_is...
For tech folks in particular, I think that there are two particular pain points that cause H1Bs to be referred to pejoratively sometimes (which I think is what your underlying issue is with):
1. Companies like Infosys that are gaming the system aggressively, often times using dark patterns. Net loss for the economy, and unnecessary stress on the immigration system, imho.
2. Qualified Americans losing their jobs (e.g., relatively recent layoffs) and struggling to find work. Meanwhile, H1Bs remain employed and new ones are added regularly. This doesn’t pass the sniff test of “lack of talent” in the domestic market. Additionally, folks on the inside know that the reality is that either the company is gaming the hiring/h1b system and/or the company has a broken hiring process.
Note that I don’t necessarily advocate for a rapid and aggressive culling of h1b workers like some do, but the h1b system could definitely use some improved oversight and/or refined regulation. It’s being abused at scale by multiple actors.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#220Just curious... are H1-B holders still tied to their employer or have the conditions relaxed? Can anyone point me to some current (human readable not legalese) explanation of what you can do with the H1-B?
H-1B visa holders are tied to their sponsoring employer. Do you mean what they can do outside their H-1B employment? What other things are you interested in doing?
Thanks, that answered my question. I have no intention of working in the US at the moment, just keeping myself informed in case i ever change my mind.
Tbh I thought some random HNer would post an explanation before you got to this.