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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

#101
My EB-3 Green Card interview was scheduled within 2 weeks when cancelled because of the COVID-19 closures to the immigration office. Do you think they will reschedule existing interviews or they may reconsider because of the dire economy?

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

#102

My EB-3 Green Card interview was scheduled within 2 weeks when cancelled because of the COVID-19 closures to the immigration office. Do you think they will reschedule existing interviews or they may reconsider because of the dire economy?

No one knows for certain but they should just reschedule once they reopen.

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

#103

Hi Peter thanks for doing this. I'm currently working under a TN Visa which expires on May, but my I94 expires on 2021. My question is, If I want to change employer (it will normally take me 1 week because I travel to Mexico and do the process in the US embassy there). If it is possible to still get a TN Visa from US and without premium processing how long does it takes? Thanks

It is possible but without premium processing, it's impossible to say how long that process will take. It could be weeks or months. But note that when premium processing returns, a pending petition could be "upgraded" to premium.

Do you have any guess on when premium processing would be brought back?

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

#105
Hey Peter, as of about two months ago, I have an approved I-140 and a pending I-485. I also just last week completed an H-1 transfer valid for 2 years. I'm a California resident.

With everything going on:

(1) If I went to stay with my family in Canada (I am a Canadian citizen) until this blows over, would I, as things stand today, be allowed to return to the US?

(2) Given office closures and general craziness, is there anything that would limit AC-21 time accrual?

Thanks for your time, Peter!

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

#106

I just learned that the US classifies my masters degree as a bachelor degree equivalent for the purposes of immigration, putting me in the EB3 rather than EB2 category, having a big impact on the timeline. It seems to be based on a central system, is this something that's possible/worthwhile to fight as I strongly disagree with this decision (won't go into details here). And have you seen previous successful changes…

It's definitely worth having someone evaluate because there can be errors.

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

#107
Hi Peter,

I run callenq.com, a company that helps tax attorneys skip the IRS telephone hold time when they call the IRS.

Is there a market for this type of service for immigration attorneys?

Are the hold times long and do you need to call several times a week?

USCIS Call Center Agent (800-375-5283) National Visa Center Officer (603-334-0700)

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

#109
post #24

Earlier quoted context omitted.

Part of the foreign labor is creating jobs, not taking them: https://www.newamericaneconomy.org/press-release/almost-44-p...

Some do, definitely. But that's not why, say, IBM gets 5,000 H1B visa workers a year. It's 99% wage suppression, 1% rare genius/niche skills not available locally.

That is a false dichotomy and you know it.

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

#110

I was just selected for the H1B lottery but am concerned about my job safety (layoffs) this year before I can get an H1B. If I lose my job prior to being issued the H1B what are my options? Are there precautions I could consider taking now?

Under current USCIS policy and practice, almost certainly you will lose the H-1B and have to go back into the lottery again. But like a lot of U.S. immigration now, this could change and there could be some exception/forgiveness.
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