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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

#111
Thank you for the Q and A! I have an EB-1A sponsored by my employer, i-140 approved and it's been 180 days since my employer filed i-485 (still not approved). I have my EAD and AP in hand. Can I change jobs, lose jobs, etc with no fear of losing my green card?

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

#114
Is it legal to hire someone in the US from a foreign country because the hiring manager is not fluent in English and needs someone with fluency in a foreign tongue, when other qualified candidates DO speak English? I lost an engineering job with a fortune 500 company once, for a job in California because I believe I did not speak Russian.

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

#116

Hi Peter, Thank you for doing this. I am a student founder at a university in the US on J-1 visa (with 2 year requirement in place). I have got an interview with YC last summer and plan to apply again. If I got into YC and plan to continue working on the startup full-time, what would be my options in term of immigration and visa?

Neither the B-1 nor the O-1 are subject to the 2-year home residence requirement so one of these might work. You also might want to kick off the waiver process at some point.

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

#117

Do you think the new administration will have an impact on immigration and if so, what do you think will change? My wife and I have been waiting since July on an update to her K1 adjustment of status. Some of that is COVID related issues, but I suspect some of the delay is due to additional processing of the new requirements (e.g. I-944).

To be clear, where exactly are you in the process?

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

#118
post #60

Earlier quoted context omitted.

Yes, it's possible to use unused H-1B time from a while ago to get sponsored for an H-1B now (and avoid the cap). But there's a limit; if it was too long ago, it might not work.

Thank you. It's almost 10 years I think.

Since the H-1B was approved or since you were last in the US in H-1B status?

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

#120

Hi Peter, My wife (American citizen) and I (citizen of a South American country) got married in March of this year (we live on the East Coast) and I have submitted my Green Card application as well as Form I-765. Is it possible for an American company to hire me with that form pending? Or are my employment prospects basically zeroed until I receive said form?

Unfortunately, you can't work until you receive the EAD.
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