I'm a citizen, but I work with folks who are from India and are in the Green Card system. They have application dates going back all the way to 2015. They constantly tell me stories of how the date for being able to get your GC changes and that some people think for Indians it's going to take 20 more years. Can you explain how that works and what's going on there?
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
#52Hey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#53Peter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?
For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to explore the E-3 path as a founder, then absolutely consult with an attorney who has handled E-3s for founders (and there are lots of attorneys who handle visas for Australian founders).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#54Is it basically impossible to move to the US as a UK Citizen without a degree?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#55If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel?
Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#56Love you AMAs been so helpful. Do you think did O1 get harder. How do you see changes through the Trump administration?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#57Hi Peter - thanks for doing this.
I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions:
* The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns?
* How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole)
* I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#58Scenario: A Canadian tech worker (software engineer) has been working in tech for 10-ish years, however, their University degree (general BA, BSc, etc) does not match the work that they've been doing. Would this person be SOL for a TN/H1B? To improve their chances would it be advisable to get a 1-year accelerated Master's in the field (CompSci, AI)?
There is a 3 years work experience = 1 year of degree study rule. You can probably use your experience (3.3 years of a degree) + actual degree to qualify.
That's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job). There also are a limited number of TN occupations where a bachelor's degree isn't required or an unrelated degree can work.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#59I am French, and I will incorporate in Delaware. Is the ESTA dangerous in this case, for example, if I go to SF in June?
That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#60Hi Peter, thank you for your time.
On an L1-A visa, can my company file my perm while I return home to get a new L1 visa (my visa is expiring and the date on I-129s is the same as the visa expiration date)?