does H-1B transfer need valid passport?
Would pending asylum documents would suffice?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
31–40 of 527 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#32Earlier quoted context omitted.
[flagged]
[flagged]
I agree with you, and I don’t know where on that line the Columbia student with a green card that was detained falls, but I will say there were plenty of protestors in the US who were supportive of Hamas. There was a group in Chicago, for example, that adopted the imagery of a hang glider on their protest posters, which were used in the Oct 7 terrorist attacks. So I would not be surprised if he did express support for Hamas, but I of course believe in innocent until proven guilty, and would like the government to have to show evidence of that if true.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33Hi Peter, thanks for doing these AMA.
I was counted against the H1-B cap in 2017 and worked for about 3 months before I left the states.
Would I be able to use the rest of my time now if I were to get a job in the states?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election. Do you see the Administration taking on H1B changes in a big…
You can’t expect any sane policy decisions from this administration. They’ll target whatever gets them the clicks/votes/engagement. It’s like the bad clickbait but in governance.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by the permanent resident can even manufacture post-1986 full auto ATF-defined "machine guns", to be retained/owned by the company, as manufacturer samples for demos and sales to law enforcement within the USA.
Permanent Residents are also treated as a "US Person" for the purposes of FAA pilot licensing, up to the largest categories of multi-engine jet transport aircraft.
This doesn't address what recently happened with one specific Permanent Resident that's been in the news, but it's a very chilling effect if suddenly green card status people don't have the right to the 1st amendment.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence?
Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38Earlier quoted context omitted.
[flagged]
I agree with you, and I don’t know where on that line the Columbia student with a green card that was detained falls, but I will say there were plenty of protestors in the US who were supportive of Hamas. There was a group in Chicago, for example, that adopted the imagery of a hang glider on their protest posters, which were used in the Oct 7 terrorist attacks. So I would not be surprised if he did express support fo…
The government cannot and will not show evidence of that because they can’t. The guy has actual self-published records of his speech which contradict all of the hysterical hearsay claims that the right is making against him. The current government has no interest in the truth, which is why they moved him to a state where his immigration attorney cannot practice.
Yes, there were and are plenty of protestors that actually support Hamas. Fuck those guys. But automatically claiming that if you support Palestine that you must support Hamas is the exact sort of childish intellectual laziness that leads to and supports actual genocide.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39If I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not.
Thank you very much for the feedback.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?