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

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111–120 of 479 posts

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

#111
I am currently on a H1B and got married in May in the US. Unfortunately, my wife was on a diplomatic visa (lost her job due to the pandemic) and her organization will not allow a change of status to H4, as a result she has to go back to her country.

Given the current H4 visa ban, it seems like we'll have to be separated until next year. What are our best options for her to come back in the US and switch to H4 before January?

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

#112
post #39

Earlier quoted context omitted.

Never heard about not being eligible for ESTA after having travelled to Iran. WTF? What kind of weird rule is that?

And you did not use the two passports trick - common if you are Woking in the middle east ?

2 passports only help for situations in which they really only check entry/exit stamps in your passport. In this case, when applying for ESTA, you explicitly have to declare that you haven't been to the above-mentioned countries and therefore qualify. If you tick the wrong box, its quite possible that they i) either reject your ESTA application ii) or reject entry to the country on arrival and in both cases that significantly dampens your chances of ever getting an ESTA/Visa again.

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

#113
Can you comment on how the EU travel ban on US citizens affects a US citizens ability to live/work in the EU under the umbrella of a non-lucrative visa? If a US citizen receives a non-lucrative visa, would they be able to immigrate to the EU?

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

#114
post #70

How do you justify being an American whose work entierly revolves around taking jobs that Americans could have fulfilled and trying to give them to people who are not citizens, did not grow up here, and see America as nothing less than an institution they can use to get ahead?

The idea of a lump of labor is one of the oldest fallacies, and is a mark of a very small, closed mind that is unable to consider higher-order effects.

What a compelling argument. I've now changed my mind. Seriously if your gonna disagree at least provide something of substance.

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

#115

Earlier quoted context omitted.

What is sad about this comment is how the author define and American. USA is a country that is built by immigrant (I am not talking about the CEO of big tech companies, I am talking about your grand-grand parents who came here a few generations ago) How do you justify the people who let you ancestors to immigrate there being Americans whose work... (replace the rest with your own comment!)

50% of the US population came from the original founding stock of the country in 1990. America was not made great immigrants it was made great by British (plus some European) settlers that spoke English and followed Protestant Christian values.

50% of the US population descended from Native Americans? Wow.

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

#116
post #7

Hey Peter, Thank you so much for doing this! Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate thi…

I've seen such delays. Unfortunately, there's very little that can be done but as a first/next step, I would ask a Congressional office for assistance/to inquire with the Consulate.

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

#117
post #70

Earlier quoted context omitted.

The idea of a lump of labor is one of the oldest fallacies, and is a mark of a very small, closed mind that is unable to consider higher-order effects.

What a compelling argument. I've now changed my mind. Seriously if your gonna disagree at least provide something of substance.

Online arguments are not meant to change the minds of the people participating in them, they are meant to change the minds of people reading them.

But, as I said, higher order effects. Google Mariel boatlift.

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

#118

How much of a legal trouble am I in if my company shuttered its physical office because of the pandemic? My H1B visa is tied to that address. The company still has another office in another state.

That depends in part on whether you are working from home and whether your home is in the same MSA as the company's former physical office. But you should check with the company's attorney.

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

#119

Throwaway... I'm interested in nomading or maybe working in the US. Either on one of my own things, or perhaps at another startup, mainly for social interaction. I've accumulated some wealth so far. What would be a good option, and how can you prevent being taxed by the US? Do people normally work from their own consulting company/structure, or are people usually on the company's payroll?

People are usually on a payroll as either an employee or contractor (slightly different tax treatment, with the contractor being less favorable to the worker). I have heard of instances where people form a company and work under that, but in my experience it tends to be abusive workplaces that go that route.

If you're working in the US there's no legal way to avoid getting taxed. They aren't going to tax your existing assets outside the US though. There's no wealth tax.

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

#120

I'm a PhD from Bio background who became a data-scientist in a health-care related (but not biology research) company. I have been reasonably successful in this job, but because of the change in fields I lost my H1B to a failed RFE the one time I passed the lottery. Now I'm thinking of doing an O1 application, but my assumption has been that all my expertise must now be demonstrated in this new field of health-care d…

Not really. It's gone up a bit - or more sideways I should say with USCIS raising different issues - but really we haven't seen much of a change in the approval rate.
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