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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

#421

Post by proberts »

argo_cve wrote: post #225

Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years. We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS). My employer tried writing to the Cong…

If you want to try to take control back over this process (and your life), you probably need to file a mandamus action. This is essentially a demand that a government official execute his or her official duties. I don't handle mandamus actions but I'd be happy to refer you to some very good attorneys who do.

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

#422

Post by proberts »

tao_oat wrote: post #355

Hi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.

That depends on a number of factors, such as your activities/purpose when you are in the U.S. (whether these activities constitute "employment" and if so whether they are in line with your H-1B position and job duties), your compensation when you are in the U.S. (are you getting paid and if so, how much and by whom), etc. The question here really is whether H-1B work authorization is required or whether ESTA business travel is fine.

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

#423

Post by proberts »

taway20250516 wrote: post #374

A legally-uneducated read of 22 CFR 51.62 suggests that the State Department can revoke a passport that was "illegally, fraudulently, or erroneously obtained." How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?

The issue is whether a misrepresentation was material and whether it was done with the intent to mislead. I don't know the data because we're still early in this administration but a concern has been that the administration will increase efforts to reopen and revoke naturalization, which happened during his last administration.

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

#424

Post by dudefeliciano »

returningfory2 wrote: post #298
999900000999 wrote: post #257

Earlier quoted context omitted.

These are at most trivial civil matters. The net effect is your talking about putting non criminals in detention facilities rife with human rights violations. As a hypothetical, if you can visit two countries and one offers the risk of indefinite detainment , which is roughly dependent on how behind the customs officials are on their quotas. Or another country that at most will just send you home, I think most will p…

What process would you design for handling people who are denied entry at a land port of entry?

how about denying them entry, and turning them back to the country they were entring from (Mexico in your example), so that they can fly back home from there?

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

#425

Post by proberts »

swampert543 wrote: post #372

Hi Peter, I’m currently on year 3 of H1B, and my company filed this march for the 3 year extension (with premium processing), which got approved. Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140. Her request is still pending, and given current processing times it likely still wil…

If USCIS is paying attention, it will treat her departure as abandonment of her H-4 extension application. So it's important that she check her I-94 admission record to see when her current H-4 status expires and make sure that she departs before it expires or that she files a new I-539 before it expires.

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

#427

Post by proberts »

yeebadoobey wrote: post #410

As a student moving to the US for uni and looking to utilize the Stem-OPT to find a job, what advice can you give? Also do some jobs give you any sort of priority in the H1B lottery?

I'm not sure what advice you are looking for but at a minimum make sure that your degree is considered a STEM degree for STEM OPT purposes.

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

#428

Post by dudefeliciano »

ahoef wrote: post #413
I_am_tiberius wrote: post #412

Earlier quoted context omitted.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

No need to be needlessly antagonizing or blaming.

how is the comment antagonizing or blaming anyone? it's a simple question that should make us think about what the US is becoming

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

#429

Post by proberts »

dustbunny wrote: post #386

I'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips? Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the T…

Regarding a tax accountant, email me and I can refer you a few good ones. Regarding the TN, the employer could file a petition with USCIS and then you could present the approval notice to the moving company but this process takes longer and is a lot more expenses (and also riskier from an outcome standpoint, depending on the position and your education) than the other path, applying at a port of entry. There's no longer advance approval at ports of entry so going this route means that you will need to get the TN and commence employment, even if just for a very limited period of time, before relocating to the U.S. with your stuff and then returning to Canada to actually move your stuff.

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

#430

Post by proberts »

sriamanan wrote: post #371
proberts wrote: post #20

Earlier quoted context omitted.

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over…

I am on L-1A with an approved I-140 in EB1c. My priority date is not current yet. What are the options if they were laid off.

Unfortunately, the approved I-140 EB1C is no help here; for you to be able to stay past your 60 days grace period, you will need to get sponsored for another work visa (likely the O-1 but you need to have a discussion with an attorney) or file an application to change your status to B-2 visitor status during the grace period.
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