I recently downgraded to EB3 and filed concurrent AOS and I-140. If my spouse uses EAD, does it mean I get tied to EB3 for AOS or I can still move to EB2 in case that queue goes faster?
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
#122Earlier quoted context omitted.
It is; it's just that there are 2 buckets, one for this a master's degree or higher from a US school and another for everyone else. What this means in practical terms is that you will have a much higher chance of getting selected in the lottery than someone without a master's degree or higher from a US school. Also, as I'm sure you know, you might qualify for a TN, which is not subject to a lottery.
I have a master's degree or higher from a US school. When I applied for an H1-B a few years ago, my employer's immigration lawyers decided not to submit applications under the master's cap, since my degree was unrelated to my position. Are there potential issues if the master's degree is unrelated to the position? I have a related undergraduate degree.
Yes, there are potential issues but they could be overcome.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#123What's a reasonable price to pay good lawyers to put together an H1-B application for an employee?
I think the vast majority charge around $2,500, plus or minus $500, although I've seen as low as $1,500 and as high as $5,000. Most also charge something additional charge if the petition is a cap-subject petition as opposed to a transfer.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#124Thank 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?
Unrelated, but if you don't mind, how did you/your employer manage to get a EB-1A filed?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#125Hi 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?
You don't need the actual green card to start working, but you need to wait for your temporary Employment Authorization card (you should also get a temporary Parole card to be able to travel outside the US). Not a lawyer, but I went through this process 5-ish years ago, that's how it was at the time.
You can probably start interviewing without these cards (as long as you disclose your atypical schedule to the employer), but you won't be able to start working.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#126Is 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.
That's an employment law question but I don't believe as a general rule that it's a violation to require a foreign language.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#127Hi Peter, I'm a start-up founder, on a H1B, and I just filed my EB-1a-based I-485. My H1B expires end of March 2021. Do I need to renew my H1B, or can I simply use the AOS application to maintain status while the green card comes through? I imagine after my H1B expires, if I don't file for a renewal, I won't be able to work, unless my EAD comes through on time? Under normal circumstances I'd renew my H1B, but given t…
How can someone on a H1-B which is tied to an employer start a start up and file EB-1a?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#128Can I get a TN1 as a citizen but a non-resident of Canada?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#129Thank 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?
You really are free to change jobs without issue but you should work in the same or similar occupation.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#130Hello Peter, thanks for doing this. I'd like to know your opinion about acquiring an EB-1 visa being an IT worker. How difficult do you think it is ?. I'd like to try to do what Julian Shapiro did: https://www.tefter.io/bookmarks/48931/readable . Also, I'm in H1B-1. Could it be dangerous for me to try this?
Such a filing would have no impact on your current H-1B status or your ability to extend this status. Regarding an EB1A, the standard applied is extremely high and very difficult but we as well as other attorneys file them for IT professionals. It's just going to depend on how strong your background is. I'm not familiar with Julian Shapiro.