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

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21–30 of 253 posts

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

#21

I've heard that being successful in an O-1 visa application can be very location dependent. So you can be better off applying somewhere far away, rather than a convenient office. Is this something your office sees much of?

I really don't see that. All the service centers have their issues and quirks but we're still able to get approvals with all of them and taking largely the same approach with all of them.

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

#22

We are planning to hire someone on h1b with priority date for green card as 12/22/2009. Do you think this person should be able to get green card with next 2-3 years ? Thanks for taking the question.

Yes (although it's truly impossible to say) I think that it's likely.

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

#25
post #18

Hi Peter, thanks for doing this AMA! Do you have any insights on whether getting an L1-A got more difficult with the current administration, and if/how the kind of documents/evidence needed for it changed recently? I'm asking because I just got my L1-A renewal rejected (after having it successfully renewed 2 years ago), on the grounds of insufficient proof of my position being managerial. My I-94 expired and I don't…

Non-blanket L-1s are just really tough and probably the "best" example of irrational and unfair decision-making by USCIS. In short, extensive documentation of the structure/organization of the U.S. and foreign companies and of the employees managed and to be managed needs to be provided along with DETAILED descriptions of current and future managerial job duties. But L-1s are just tough and were tough even under the prior administration.

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

#28
post #23

I asked you this once before (and thank you kindly for the reply) - has there been any recent tightening around TN that you've noticed? Has anything changed in the process in the past few months as the new frameworks still isn't adopted?

Actually, in my experience, the TN process seems to have settled down again and we really haven't had many issues in a while.

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

#29
post #27

Not sure if you can answer this. My priority date is Feb 2011 for EB3 India. The current date of filing for 485 is April 2010. How long might it take to become Feb 2011.

I wish I could answer. When the new numbers come out for the new fiscal year, we should have a better idea since there's usually a big jump.

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

#30
post #9

What do you think of the "country of origin" segregation vs. citizenship. I was born in India and raised in Canada. I'm never going to get permanent residency in the US based on employment. Is the best bet just to get married to an American?

Yes, that is fastest way since there are no quotas but I'd also recommend looking at the EB1 category because even though it is significantly backed up for Indian nationals, it's still a lot faster than the EB2 and EB3 categories and oftentimes within reach of talented professionals.

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