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Your H1B is your work authorization. You can keep your place in the green card line if you switch after your i140 is approved. If yo switch before that you apply for PERM and i140 again.
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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
131–140 of 253 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#132Hi Peter, I have filed my O1 Visa in late April 2019, and I received the notification with the case number. I have checked online for my case and got an error from the USCIS system, that the case is not listed. How would you recommend to proceed? Are these delays normal? Also, I have been advising not to do anything, and wait for them to notify anything.
The system error isn't uncommon. I would have the petitioning company or the petitioning company's lawyer - not you - call USCIS to check on the status. But that's a long time not to have heard back on an O-1.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#133Just curious - With respect to your work and the types of cases you handle. What are your biggest challenges? Where do you struggle the most?
Just the irrationality and pre-determined nature of some of the decision-making. The process can feel like a shell game at times. That being said, I think that we understand now what USCIS wants now and are able to provide this and still get approvals even if we have to battle frequent and rough requests for evidence along the way.
If it were simple nobody would need you to unravel it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#134Hi Peter, thank you so much for doing this. I'm a Mexican currently going through the Green Card process, In the part where Form I-140 has been approved and form I-485 will be filled in October according to the company I work for lawyers. Over the past 3 years, there have been layoffs in my department around October (start of Fiscal Year), last year the company let go key people that otherwise nobody ever suspected t…
Is this a company-sponsored green card application? If it is, then protections won't kick in until you have filed your I-485 application.
May I ask what happens if its a family sponsored application?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#135Hi Peter I have been checking for this thread for almost weeks now. Glad you are back :) My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right. Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate. Can you think of an…
Have you all notified USCIS that your father is a US citizen now?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#136Hi Peter, I have BSc in Chemical Engg(2013), MSc in Environmental Engg(2014) and MSc in Software Engineering(2018) and 4 years work experience in IT industry as Data Engineer. My H1B has been denied this week, what I can do now? MTR or Litigation will be any helpful?
Is this a cap-subject H-1B or an H-1B transfer?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#137Hi Peter, thanks for taking the time to answer our questions. Is there a minimum time in US requirement or a minimum time on payroll requirement before applying for a Green Card for L1 visa holders (inter-company transfers)?
No. A green card application can be filed immediately.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#138Hi Peter I have been checking for this thread for almost weeks now. Glad you are back :) My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right. Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate. Can you think of an…
Have you all notified USCIS that your father is a US citizen now?
Yes, he's hired an attorney and I think that might be done.
He had this pledge of allegiance ceremony in October 2018, so most probably the USCIS knows as well.
I ask him to ask the attorney if any changes needs to be done to my application after he became a US citizen. The attorney replied no.
PS - I am born and brought up in India. 30 years of age. Never been to US. Postponed my marriage plans since father said I would get GC in 2022 if I stay unmarried, it may fall to 2027 if I get married (He's insisting me to get married now, BTW)
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#139Hi Peter I have been checking for this thread for almost weeks now. Glad you are back :) My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right. Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate. Can you think of an…
Did you check online. They have a estimated wait time for different category of visa based on relationship, citizenship etc. Also visajourney.com is a chat board where other people in similar situation track their progress so you can look up the trend there.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#140Hi Peter I have been checking for this thread for almost weeks now. Glad you are back :) My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right. Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate. Can you think of an…
Did you check online. They have a estimated wait time for different category of visa based on relationship, citizenship etc. Also visajourney.com is a chat board where other people in similar situation track their progress so you can look up the trend there.
Thanks for this brilliant info.
Is there an official government website to check wait times?