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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

#131

What percentage of and how many YC companies/startups are affected by the travel ban from Iran, Libya, Syria, Somalia, Sudan, and Yemen?

That's not something that I can comment on.

Darn. No worries. I was hoping to hear something authoritative on that. There's a _lot_ of sensationalism in the news around the ban, but not a lot of hard facts.

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

#132

Earlier quoted context omitted.

There really haven't been any changes to the H-1B program other than an increase in site visits to ensure that the employee and company exist and that the employee is doing what he or she is supposed to be doing. The cap still exists and is still getting filled up within a week so individuals must look at other options, such as the O-1 or green card, unless they are from a country with its own visa classification, su…

Hi Peter, could you please elaborate on the "lesser degree" for Chile & Singapore? I'm Chilean and currently under h1b1 and AFAIR it was a relatively painless process: from our side it took about one-two weeks and it was open window with its own cap. Has this changed recently?

Probably a bad choice words. I simply used that term because the H-1B1 is a subset of the H-1B. But you're right, it tends to be a very quick and easy process. The only challenge can be in the renewal context since an applicant must be able to demonstrate his or her intent to return home.

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

#133
I am a foreigner that wants to work in a US company, however H1B's quotas have been hit.

For the O-1 visa, i dont have meaningful contributions to software engineering but I have been exceptional in a sports related field(with meaningful community contributions, international representation, etc). Is the O-1 a possibility for me even though I would enter as a software engineer?

Otherwise, is it common to get another kind of visa for a first time job-entry in the US?

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

#134
post #94

Hey Peter, Thank you for taking the time to answer questions. I am a Canadian looking to work full time in the US and was hoping to obtain a TN visa. What would be the best possible way to achieve this. Would it be better for me to first find a company interested in sponsoring me? I feel this would be ideal but may cause potential friction as it is more work on the employer. Or would it be better to apply with an imm…

I would probably get your background evaluated by an attorney to see if a TN is even an option (a quick process) and then look for work armed with the knowledge that a TN is possible.

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

#135

I am a foreigner that wants to work in a US company, however H1B's quotas have been hit. For the O-1 visa, i dont have meaningful contributions to software engineering but I have been exceptional in a sports related field(with meaningful community contributions, international representation, etc). Is the O-1 a possibility for me even though I would enter as a software engineer? Otherwise, is it common to get another…

Your area of extraordinary ability for O-1 purposes needs to be related to the work you are going to do in the US so unless you somehow are going to work in sports, an O-1 might be tough.

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

#136
Hi Peter,

In this AMA you mentioned a few times that while the EB1A bar is high, it is perhaps not as high as it seems. Any advice for early career academics?, eg

As a reasonably successful postdoc at, say, Stanford (good scholarship, steady publication record, presentations at international conferences, and so on, but no proper 'recognized awards of excellence'), is it even worth considering EB1A, as opposed to a EB2 NIW which in contrast seems likely but would take a long, long time?

The wording 'sustained ... acclaim' makes it sound like you'd have to be a semi-famous professor, so I kind of ruled it out before. Have you seen young scientists pass EB1A? Thanks

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

#137
Thanks for doing this Peter.

I am from India I filed for 485 through EB2 and I currently have an EAD when the priority date moved a while ago. The priority date has since receded and will be a few years before I can get my Greencard though.

I am currently working on my EAD and would like to start a startup and will be self employed very soon. Is this ok when my priority date becomes current.. Do you see any issues with my Greencard getting approved ?

Thanks !

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

#138
post #108

Hi Peter, thanks for this AMA. Just because the information isn't perfectly clear: how long can a green card be renewed for? I got mine a couple years ago, but I have to wonder how long it gives me to stay in the states beyond the 10 year term on the card. Is it really 'permanent' or does the renewal problem have any challenges?

It's really permanent unless one commits certain crimes or lives abroad for an extended period of time without taking certain protective steps beforehand.

if you have stayed abroad for a few years, and you wish to stay abroad and you don't mind losing the greencard, do you have to file anything to renounce it or is it enough that you just 'overstayed' abroad?

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

#139
post #93

What is the best path for my wife, who was brought here illegally when she was 8 and is here semi-legally because of DACA, to go about getting a green card and/or citizenship? I am personally a US citizen.

I was an illegal immigrant for a few years and when I got married (to a US citizen) we went through the normal green-card application path with a waiver.

(I think this is current but plz double-check: http://www.nolo.com/legal-encyclopedia/when-is-waiver-inadmi...)

That was in 2003 so I understand the process might have changed. However I don't believe it has changed that much. It was pretty straight-forward (all things considered - some lost paperwork and redoing of fingerprints). I choose to continue on the citizenship path one a baby was on the way and that too wasn't hard.

There are a number of non-profits that help advise in this area. I would recommend contacting EIIC ( https://eiic.org/ ) who helped me navigate the paperwork.

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

#140

Thanks so much! Not sure if off topic but related: I'm a canadian trying to figure out how to provide services to the US market. For people entering on TN-1A or similar, how has the trump administration changed the process? I don't have a comp-sci background. If I do pure consulting (no code) is it feasible to go in under a T1? I make > 200k/year - I think the lowest limit was doubled to 160k?

There's no question that it's tougher to get a TN now than in the past but this trend has been going on for several years. Regarding the specific TN occupation, I would need to know more about your background.

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