Hi Peter, I was checking my I-94 recently, and noticed that my travel history is missing one trip, an arrival. Basically, it lists two departures in row, couple months apart. Does it matter? and is there any way to fix it?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
161–170 of 486 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#162Hi Peter, Im currently on H1B with I-140 approved. Im thinking of starting my own company and have other co-founders who are US citizens / GC holders. What is the path for me to have a visa while also being able to start my company.
Because you have cofounders, an H-1B might work. The other option is the O-1. You should schedule a consultation with an immigration attorney to determine the best path.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#163Are you seeing a downturn in people trying to come here for work. It's a shame, but I don't think any rational person should try to come here to study or work right now. Gone are the days of attending a community college and dating girls from Korea and Japan. And I can't blame anyone for not wasting to be destined indefinitely for trivial reasons. https://www.theguardian.com/us-news/2025/apr/05/i-was-a-brit...
Your comment is about coming for work or study, yet you linked to a story of someone who clearly abused/misused a tourist visa and got caught. It was an egregious enough offense that the Canadian immigration officials wouldn't even let her enter Canada under the same pretense, which is what eventually led to her arrest.
She literally came to coach surf and house sit.
The woman is effectively a British nanny who did chores for friends. She doesn't look like a threat to anyone.
Maybe your afraid of British nannies baking pies and changing litter boxes, I'm not.
Anyway, the proper solution at most is a life time ban and the first flight home.Not indefinite detention.
To be burnt, this is a white woman who natively speaks English. If she's having a hard time, it doesn't bold well for anyone else.
Numerous other examples exist, in most of these cases people either didn't do anything wrong or it's something that could have been rectified with a quick flight home.
https://www.nytimes.com/2025/03/13/world/europe/german-touri...
Come to America, spend your money. And if you watch a friend's pets for a few days expect some good ole indefinite detention!
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#164Earlier quoted context omitted.
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 ?
Probably not but I can't advise because I don't have all the paperwork in front of me. The company's immigration attorney should be able to advise.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#165Earlier quoted context omitted.
That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
Historically the US has not had much "exit control". For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.
IIRC, [a long time ago?] you MUST give a piece of paper to a guy/gal near the exit, so they remember to mark your exit in the database. I don't think they check too much, just collect the pieces of papers? (I don't remember the details, but if there was a scary warning if you forget to give it and they forget to update the database.)
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#166Hello! I do have concerns relating to the U.S. so I will put my questions out there.
I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents.
Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#167Hey Peter! I'm going to pose a question that I think is tangential, but still related. With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty? Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and e…
I'm probably the last person to provide advice about technology but AI is helping immigration attorneys significantly, primarily in the drafting of arguments. That being said, there's still a critical role to be played by immigration attorneys to determine the best strategy, to provide advice on travel and other issues, and ultimately to review and edit anything that is "drafted" by AI.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#168I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa. In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these question…
Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that.
We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600 a month per head as their cut, but it was worth it to get the excellent developers we have through that deal.
The reason why some/many firms would filter out anyone saying NO to (1) is that getting a visa sponsored requires significant work of a specialized nature and our company certainly is not equipped to do that because we don't have people who have the time and skills to deal with the insane demands of our government to obtain the necessary document (This is not a new or partisan issue btw, I remember losing a great developer in the Obama years due to the feds giving her the run-around).
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#169How hard is it to get approval for an o1 visa with no bachelors degree?
It's doable but you need a lot, and I mean a lot of documentation proving that you are indeed an alien with extraordinary ability. Any press mentions of you and your company, articles, proof that you're working with known companies in the US and more evidence like that will increase your chance.
In fact I worked with Peter on obtaining an O1 while not having a degree, I was a CTO of a startup, moving from the UK.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#170When it comes to Canadians working in the US on a TN, are we allowed to accept promotions (title, comp or both) without going through reapproval of our visa? Are there any nuances here like caps on how high a salary increase could be before needing a reassessment? Maybe increases in equity don’t count?
Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the promotion?