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

news.ycombinator.com

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

#121

Post by fekunde »

Thanks for doing this Peter! I am an Indian national on H1-B with an active, non-withdrawn I-140 and a Priority Date of August 2016 from a previous employer. My current employer has an approved PERM, but their I-140 is still pending.

If the Dates for Filing (DFF) chart reaches my priority date, what is the latest viable timeline to return to my previous employer to file an I-485 based on their approved petition? Additionally, are there legal risks to joining after the date has already become current?

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

#122

Post by garbawarb »

proberts wrote: post #109
tourist_on_road wrote: post #96

Can a employee sponsored greencard holder move jobs within 3 months after getting greencard approved granted the new role is pretty similar to one before? will there be any issues in terms of naturalization/reapproval.?

The short answer is yes, the employee can move, and while the employee should be aware of this when applying for citizenship, in reality, it's never an issue.

How exactly would this come up when applying for citizenship?

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

#123

Post by proberts »

lesuorac wrote: post #91

Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make? https://news.ycombinator.com/item?id=46164104

On the business side, two broad changes come to mind: I would make it easier for entrepreneurs/founders to start businesses and also make it easier for the super skilled/talented (in both the arts and business) to get visas without needing employer sponsorship. I also would like to see the U.S. government come up with a list every few years of occupations (both skilled and semi/unskilled) that are considered critical or in short supply in the U.S. and make it easier for foreign nationals to get visas or even green cards for those occupations.

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

#125

Post by proberts »

afpx wrote: post #107

Do visa holders have to register for military drafts?

See here: https://www.sss.gov/register/who-needs-to-register/#p1. Essentially, U.S. citizens and green card holders need to register but there are other groups as well.

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

#126

Post by proberts »

johongo wrote: post #124

What were some notable differences between H-1B before and after the fee?

The main changes are that U.S. employers could sponsor those who were outside the U.S. or ineligible to change status or change employers in the U.S. without incurring this fee.

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

#127

Post by proberts »

nv2156 wrote: post #113
proberts wrote: post #16

Earlier quoted context omitted.

The challenges I see with green card applications now are not with PERM applications (yet) but with EB1A and NIW applications. The primary stumbling blocks for PERM applications are layoffs, which require companies to suspend and pause the PERM process. This is a big issue with big tech because of the constant downsizing over the past couple of years.

What challenges are you seeing around EB1A. Context: I have an approved EB1A but waiting for i485, so curious to learn about the challenges.

Since you have an approved EB1A petition, you shouldn't have any issues finishing the process and getting a green card. But it's becoming harder and harder to get an approved EB1A.

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

#128

Post by ianhawes »

foobiekr wrote: post #114
proberts wrote: post #89

Earlier quoted context omitted.

I think everyone would agree that the PERM process is an awful process for both applicants and for employers. The job is supposed to be treated as an open position and the recruitment is supposed to be done in good faith. So, if a qualified, willing, able, and available U.S. worker applies for a PERM job, the employer either must hire this person or terminate the PERM process and wait at least 6 months before restart…

It is well known at the companies that I've worked for that there is no good faith at all in the process and it's basically ritual to justify the application. Since they are clearly violating the law, how can I report this?

If they've complied with the DOL regulations and requirements, what makes you think they're violating the law?

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

#129

Post by proberts »

garbawarb wrote: post #122
proberts wrote: post #109

Earlier quoted context omitted.

The short answer is yes, the employee can move, and while the employee should be aware of this when applying for citizenship, in reality, it's never an issue.

How exactly would this come up when applying for citizenship?

The naturalization application form requires the applicant to list out his or her employment history and this would show that the applicant left his or her sponsored employment soon after getting a green card.

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

#130

Post by ianhawes »

bedobi wrote: post #58

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b. Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP) Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds i…

What made you switch from E-3 to H-1B?
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