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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

#141

I have had an RFE for my Eb5 I -829 petition and my attorney submitted my RFE 3+ months ago but haven't heard anything back. Is it true that USCIS responds to RFE within 3 months or have you seen delays in RFE processing in Eb5 cases?

We've definitely seen a slowing down of USCIS adjudications particularly when an RFE is involved so this delay isn't unheard-of.

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

#142
I applied for a EB1-A in October 2024 and still haven’t heard anything. I’m French with a valid O-2 until October 2027, working in corporate event planning with pharmaceutical companies. Do you think I’ll hear back this year? Is my application compromised with the actual economical and geopolitical context ? Should I plan on trying to extend my O?

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

#143
post #138

Not sure if this is on topic, but: Around 2014-2020 I feel like there were lots of companies hiring worldwide online remote. In the last couple years it seems like the tides moved way back out, and companies are terrified of hiring remote contractors. My impression is that it seems mostly about misclassification risks, but maybe there's another part I haven't seen. 1. Is this a real risk? I've looked it up in a few a…

This is outside my area. All I can say is that anecdotally I still see our clients hiring remotely although often at the same time they are looking for ways to employ their remote contractors in the U.S.

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

#145

Our small company offers a remote paid mentorship for students anywhere in the world - often times, international students in the US want to apply but then there’s substantial confusion on whether they can be paid without jeopardizing their status. The stipends we pay are all 1099 and it’s mostly self-directed work so we’re a bit at a loss in regards to the CPT/OPT qualifications. Many end up forgoing their stipend w…

Maybe Peter can comment further, but my impression was that the definition of "work" is normally unrelated to whether it's paid or not, for F/J? If those students are actually concerned about staying in status, simply saying they're volunteering might not be sufficient.

That's right. Working without pay in jobs that normally are paid could still be considered unauthorized employment.

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

#146

Earlier quoted context omitted.

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.

Did the number of applicants go down/approval rate go up as a consequence?

I believe the numbers of H-1B filings has gone down although the H-1B approval rate - so far - seems unchanged.

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

#147

how much time do you spend per case? do you field calls from clients or is it a pretty hands-off, turn-key process?

The time varies significantly depending on the type of case. I am constantly on the phone with existing clients and potential clients. And we handle a lot of small and mid-sized companies so it's rarely turn-key.

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

#148
Is there a guideline how much time can one take for moving after getting a green card? Should one count days during the first year to not run into problems or is this more second year and onwards?

There does not seem to be much information about this besides very vague statements.

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

#150
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.

Thanks, could someone give some clarity? The link to the details is 404. But, I found an old version on archive.org.

https://web.archive.org/web/20240516075853/https://www.sss.g...

Seems to suggest that F-1 student, H-1B temporary worker, visitor do not have to register. Is that correct?

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