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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

#11

Post by blackhaj7 »

Thanks for this Peter!

I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)

What are my options if I was laid off/company went under/perm cert rejected?

How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

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

#12

Post by galonk »

Maybe 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

#13

Post by proberts »

RyanOD wrote: post #5

If possible, I'd like to hear about your typical day/week of work (is anything "typical" in your line of work?). Thanks! Edit: Typo

For me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm reviewing applications and responding to emails from staff and clients. It sounds pretty mundane but despite the stresses of the job and the challenges associated with the new administration, I still really enjoy what I do because I have a wonderful team and I get to interact with really smart people doing super interesting things and help them realize their dream of living and working in the U.S.

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

#14

Post by iamcreasy »

Thanks 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

#15

Post by proberts »

Detrytus wrote: post #9

Does being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all? I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?

Yes, you probably will be pulled into secondary again but you should be able to get this cleared up in connection with future travel by filing a "complaint" with DHSTRIP. But you should only submit a complaint if and when it happens again; you shouldn't submit one preemptively now.

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

#19

Post by truthseeker006 »

Hi 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

#20

Post by proberts »

blackhaj7 wrote: post #11

Thanks for this Peter! I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan) What are my options if I was laid off/company went under/perm cert rejected? How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

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 a year, but I'm seeing some indications that this might improve.
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