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

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171–180 of 418 posts

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

#171

Any idea how the executive orders will effect trans people renewing their passports? A trans friend already changed the gender marker on his passport, and it's expiring in two years. He's deciding whether to renew it ASAP or wait. Any guess how likely it is to come back with the wrong gender marker, or get stuck in a bureaucratic mess? Thank you so much for doing these! No worries if this question is outside your whe…

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

#172

Earlier quoted context omitted.

Are you saying aliens are not subject to US jurisdiction while here? Like "sovereign citizens"? That's what it seems like you're saying.

Diplomats (not all foreign nationals) and their families who remain subject to the laws of their own country.

Thanks, that's interesting to know! Although my comment was addressed to willmadden, and I think they just do not know what jurisdiction means.

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

#173
post #111

Hi Peter! Thank you for doing this. I'm a software engineer with 3 years of experience and a MSc degree in computer science. I'm currently working in a big tech company in the UK and I would like to move to the US in the near future. At the moment I'm more leaning toward an L1 because I don't have to go through the lottery but I'm exploring other scenarios. Would you recommend trying to move to the US with an L1 or a…

My personal experience, and I think the optimal case, is to come on L1 but apply to H1B via consular interview. This way, if you're ever fired from your job, you use the H1B to get authorization to work in a new company (need to leave the US and get a visa in a consulate), while keeping L1 benefits as possible (spouse can work and no lottery).

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

#174

[flagged]

The people who paid for the campaign rely on cheap immigrant labor, the kind of the american workers wouldn't take unless forced to do so in prison.

The visas are here to stay longer than it would take every MAGA clown to eat their red hat.

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

#175

What are your thoughts on the future of the Laken Riley Act's provisions on empowering State AGs to sue the federal government over immigration enforcement, both in terms of constitutionality and in terms of outcomes if signed into law and upheld?

I'm not a fan but I haven't really analyzed the constitutionality of these provisions although the arguments I've heard regarding their unconstitutionality make sense to me.

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

#176

Most posted job positions in the US, that I see, explicitly state they will not sponser candidates. But how receptive are they to TN visa candidates and do you see that attitude changing in the near future?

The law firm I work for (as lead software engineer) did the TN thing for a Canadian software engineer hire for my team last year. [I was not involved in the paperwork but] my understanding is we got an immigration lawyer to help us write everything the right way, since we had not done it before (and lawyers specialize), and it was not especially expensive and it all worked out quite quickly.

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

#177

Thank you for doing this. I don’t know if this is part of your expertise. I am planning of incorporating the holding of my start up in Delaware, the startup is located in Dubai (I am a resident there, German origin, my co-founder US passport holder). As we are planning on targeting US investors we decided to have the holding in Delaware. Now the question is, what are the potential tax implications for a company from…

Unfortunately, these very important tax questions/considerations are outside my area of expertise.

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

#178

Earlier quoted context omitted.

I assume L1B because you mentioned “engineer” instead of “manager.” I’m currently on an L1B visa, which is a three-year dual-intent visa extendable for another two years. This should provide ample time to initiate and complete a Green Card application under Employment-Based 2nd preference. However, I would consider choosing the H1-B visa for the following reasons: It’s getting harder to get L1-B because USCIS are ask…

I was assuming that you qualified equally for both visas but from an outcome standpoint, if the employing U.S. company doesn't qualify as a "blanket L" company, then it can be very tough to get an L-1B visa (which is for professionals/non-managers) because the process goes through USCIS. So, from an outcome standpoint, unless the employing U.S. entity qualifies as a blanket L company, it's much easier to get an H-1B…

I was rejected initially without a blanket petition and then approved after the blanket petition was in place.

My experience matches exactly what you have said.

One benefit I forgot to mention of L1 is that spouses can work incidental of status. L2S is essentially an open work permit but is tied to the validity of the L1 visa.

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

#179

I am on a TN visa and recently got a promotion which elevated my title but largely kept my responsibilities the same. My old title had the name of my TN profession in it, the new one is adjacent but does not. Could this cause issue? I travel with the form I received from USCIS through mail-in TN renewal. Related, I’m waiting in the green card backlog with a completed PERM. Will this title change affect that?

Whether a new or amended TN is required depends on the job duties, not the title, so it appears that your TN should remain valid. But you should speak with your company's attorney about what you should carry with you when you travel and how you should respond to questions about your job. The same is largely true for your PERM application unless possibly the promotion puts you in a significantly higher comp bracket or significantly changes your place in the company's hierarchy.

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

#180

Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth. I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry…

If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?
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