I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#171

Post by jkingsbery » Fri, Jul 24, 2020, 5:05 PM UTC

I'm an American citizen, but many of my current and former colleagues have moved here from other countries. On a number of occasions, those colleagues have explained something about their own immigration process. The current system is crazy.

What is the likelihood of process simplification? What are some groups that are pushing for concrete, attainable steps to simplify the process?

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

#172

Post by mlsystems » Fri, Jul 24, 2020, 5:05 PM UTC

In this comment https://news.ycombinator.com/item?id=23940448 you mentioned that self employment is prohibited on H1b. Can you comment if working on H1b (also have EAD from I485 filed based on employer) and (a) consulting for another firm (in Canada/non-US) is allowed?, (b) consulting for a US firm (1099) is allowed?, and (c) being a youtuber who earns money through ads is allowed?

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

#173

Post by noozirul » Fri, Jul 24, 2020, 5:05 PM UTC

I am in the process of getting a green card and waiting from my PERM approval (sent PERM in Feb) (good to know from your previous answers that the process is still working well if not better). Do you see the next steps i-140 and i-485 impacted either by the virus of by trump recent changes?

Also is there a chance that if trump is re-elected we will see drastic changes and people in the middle of the green card process might be impacted?

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

#174

Post by proberts » Fri, Jul 24, 2020, 5:08 PM UTC

kiliantics wrote: post #74

I have been working on F-1 OPT for the last 16 months or so at a startup and they recently applied for my H1B. We haven't heard back from USCIS yet on whether it was approved but, given Trump's recent ruling on H1B visas, I have no idea if that will happen at all now. As I understand, the process of being approved isn't affected, it's just the process of getting the actual visa itself at an embassy? And given my exis…

You are correct, the pending H-1B petition is unaffected by the latest proclamation/H-1B visa ban; it only applies if and when you want to apply for an H-1B visa at a US Consulate abroad. And yes, you can travel on your F-1 visa while the H-1B petition is pending or even after it is approved; this just means that you might to leave the U.S. at some point and apply for an H-1B visa to "activate" your H-1B status. But make sure to check with your company's attorney because your ability to travel on your F-1 visa could be compromised if and when the H-1B petition is approved if approved as a change of status.

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

#175

Post by rocqua » Fri, Jul 24, 2020, 5:10 PM UTC

What chance someone from western europe with a Bsc in maths and an Msc in computing science from a mid-tier university stand at getting a work visa into the US? From what I know, I would need to have a job lined up beforehand to stand any chance.

Moreover, if given such a visa, how beholden would I be to my employer. That is, if I were fired would I have to immediately leave the country, or could I perhaps stick with the life I had built up in the meantime.

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

#176

Post by proberts » Fri, Jul 24, 2020, 5:12 PM UTC

serniebanders wrote: post #151

I'm not sure if this is the right forum to ask, but I thought I'll try because I couldn't find much information online. My neighbor is a really nice undocumented immigrant family. The family has 2 hard working kids who used to tutor others kids in the neighborhood to make income. They are now suffering because they don't have work and they need help. I have been giving them a monthly stipend to help them pay for food…

There is no restriction on helping illegal immigrants (a lot of charities do this); the issue is paying them for work done since they don't have work authorization.

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

#177

Post by proberts » Fri, Jul 24, 2020, 5:14 PM UTC

rocqua wrote: post #175

What chance someone from western europe with a Bsc in maths and an Msc in computing science from a mid-tier university stand at getting a work visa into the US? From what I know, I would need to have a job lined up beforehand to stand any chance. Moreover, if given such a visa, how beholden would I be to my employer. That is, if I were fired would I have to immediately leave the country, or could I perhaps stick with…

That's right, you would need a job offer and if you were terminated or quit while in the U.S., you would have 60 days to find another job and get sponsored by that company or file to change to another status.

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

#178

Post by mslack616 » Fri, Jul 24, 2020, 5:17 PM UTC

Hey there Peter, my dad got to submit petitions for both my grandma and me for U.S permanent residency just before the pandemic blew up. How long does that usually take? and Do you think it will take even longer because of the pandemic? I'm 28 and my grandma is 85, we both live in El Salvador if that makes any difference/is of any relevancy. Thanks!

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

#179

Post by d3nj4l » Fri, Jul 24, 2020, 5:18 PM UTC

Thanks for doing this. As someone looking into studying in the US next year, the recent ICE guidelines did make me a bit worried, and I know of quite a few friends who've decided to either give up, put it off for another year or look at other destinations. Given the pandemic, consulates not processing visas and the political factors, is it still a good idea to think about applying for Fall 2021?

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

#180

Post by [deleted] » Fri, Jul 24, 2020, 5:19 PM UTC

nassycheezy wrote: post #111

I am currently on a H1B and got married in May in the US. Unfortunately, my wife was on a diplomatic visa (lost her job due to the pandemic) and her organization will not allow a change of status to H4, as a result she has to go back to her country. Given the current H4 visa ban, it seems like we'll have to be separated until next year. What are our best options for her to come back in the US and switch to H4 before…

[deleted]