Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

151–160 of 486 posts

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

#151

Post by proberts »

dharmspeakz wrote: post #140

Hi Peter, My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then. According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns: The job title I had when I filed the I-485 is diffe…

Yes, you and your current employer need to file an I-485J if proceeding based on the approved EB3 petition but whether you will have an issue because of the change in positions will need to be analyzed (although you probably are fine). Does your employer have an immigration attorney because this is something that he or she should analyze?

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

#152

Post by stainforth »

neom wrote: post #10

There 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?

"Founders" seems like an arbitrary term devised

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

#153

Post by throwe3away »

Thanks for doing this Peter. Quick question.

I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be.

What is the best way for me to pursue a green card? I am aware that E-3 is not the ideal path, but is workable with some risks. My main concern is the state of the SWE market, with so many candidates looking for work.

I expect that any labour market test will fail as there will be suitable US candidates that appear. Is there any way to navigate this situation? What are the chances of success in this market? Would joining a big-tech company help?

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

#154

Post by gopher_space »

lazide wrote: post #136
gopher_space wrote: post #127

Earlier quoted context omitted.

I've been through customs all over the world for the past forty years, and US customs are some of the worst human beings I've ever encountered. Why is that function such a shit show? Very familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.

Because it can be, and nearly every administration has a ‘tough on illegal immigration’ stance - because the US is so desirable to go to. A good Great Depression economic reset + insane facist government will reset that a little - but it will still be better than a huge number of places on the globe. Even if the gov’t targets immigrants. A huge number of places with massive populations of people who would love to com…

Are you saying the volume they handle precludes competence?

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

#155

Post by kanbankaren »

gopher_space wrote: post #127
proberts wrote: post #6

Earlier quoted context omitted.

Not yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearly all our filings are still getting approved.

I've been through customs all over the world for the past forty years, and US customs are some of the worst human beings I've ever encountered. Why is that function such a shit show? Very familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.

What parts of the world?

I have found Asian countries, Japan and UK the same as US when it comes to customs experience.

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

#156

Post by proberts »

iama_temp_97 wrote: post #149

I have a US passport and am a naturalized US citizen however due to some sort of clerical error my passport says I was born here (even though you have to staple your immigration cert to the passport application). I never even noticed it until I'd been in and out of the country a few times, my passport is about to expire and I'm worried about having trouble trying to get it fixed, what course of action should I take,…

There's a procedure for fixing such a data error and you should be fine since you are a naturalized U.S. citizen: https://travel.state.gov/content/travel/en/passports/have-pa...

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

#158

Post by proberts »

niyazpk wrote: post #148

Hi Peter! Given YC asks founders to apply for a batch just a few weeks (or months) before each batch starts, I am wondering if you run into issues with timing. Do you see issues with visa delays etc, that can cause founders to miss their batch?

Most consulates are willing to schedule expedited appointments for YC founders but still if you are an applicant for an accelerator and don't have a B-1 visa and are not from a visa waiver/ESTA country, then at a minimum, you should book a visa application appointment now.

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

#159

Post by dharmspeakz »

proberts wrote: post #151
dharmspeakz wrote: post #140

Hi Peter, My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then. According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns: The job title I had when I filed the I-485 is diffe…

Yes, you and your current employer need to file an I-485J if proceeding based on the approved EB3 petition but whether you will have an issue because of the change in positions will need to be analyzed (although you probably are fine). Does your employer have an immigration attorney because this is something that he or she should analyze?

Yes, my employer does have an immigration attorney. I applied 485 as a Programmer Analyst. But now I work as a Director, Applications with a more diverse application suite than what I originally worked on. The labor and wage and roles/ responsibilities will not create any problems ?
Post reply on HN