Do L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).
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
#82Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#83Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#84As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
The standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country. That, or you have to invest $800k and create 10 jobs. No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a fe…
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#85Thanks for the AMA. Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this? Do the startups you work with fit this criteria?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#86Earlier quoted context omitted.
If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.
If we discard rule of law and due process for anyone, it is threatened for everyone . They're defying courts, they're not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#87Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#88There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?
There's no question that it's tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians are unique because they are visa exempt and CBP feels particularly emboldened to reassess their admissibility every time they enter. The keys are to avoid bad pre-clearance offices and land…
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#89Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#90Earlier quoted context omitted.
And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.
One was a Venezuelan soccer player (Jerce Reyes Barrios) who was accused of being a a gang member because he had a tattoo ... inspired by his favorite soccer team.