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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

#212
Hi Peter,

Thank you for taking the time to help us all out!

Re my case: I am looking to transfer from F1 Visa to H1B. My petition got picked in the lottery and I was issued an RFE recently. Request is to provide more evidence on how my masters is relevant to my job role. I have a bachelor's degree in architecture, experiencein construction management and masters in strategic design and management. I made a career shift to UX & UI and user reserach. I currently work as a product designer at a start up. My masters in strategic design, basically design thinking, is meant to prompt me into a design strategist role, but product designer is the step one for that.

Would be great if you have any tips for writing a cover letter explaining the above. Or if you have any examples, I can learn from!

Thanks!

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

#213

How have the changes by the Trump administration made it more difficult, if at all, for tech companies to hire and get visas for foreigners? What are the biggest takeaways founders should know? Thank you.

There just seems to be a concerted effort to look for reasons to deny applications rather than adjudicate them on the merits so it's just getting tougher and taking longer to get applications approved and this has to have a chilling effect.

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

#214

Hi Peter, My father has applied for my GC and the processing may begin after several years. He’s a GC holder, and may have his oath of citizenship done soon, his lawyer expects the oath to happen this year. I believe I fall into EB2 category. Meanwhile, are there any chances that Trump may try to kill those GC aspirants who are coming via family route? Thanks :)

I hope not but I really don't know. That would be a legislative change and that's much tougher than a regulatory change or executive order.

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

#215

Is it best to apply for TN status at the border or through petition? Can a Bachelor’s of Computer Science holder get TN status with a Software Engineer title easily?

Generally yes and the border/CBP is better.

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

#216
Hi Peter. I am an international student from Vietnam and I am on F1 visa. I wonder if it is possible for the employer to apply for GC right when I first start at the company? If it is, is it possible to get GC without having to go through the H1B route, providing that I have 3 years on OPT total (1 normal OPT and 2 years on STEM OPT)? Thanks a lot.

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

#219

1) Thanks again for doing these threads, so helpful in a sea of so much uncertainty. 2) I’m currently on a O1 (that you actually helped get), do you know if in post-Trump era re-petitioning to change employers (or extending at the same employer) has got much stricter? 3) As I understand it, O1 can’t lead tho a green card, if I’m interested in that is there anything else I can do currently? Thanks again so much!

Even though little if any deference is given to previous approvals now, in the O-1 context, it's still easier to get the second O-1 approved through a new company. And while an O-1 isn't a path to a green card - no status is - those in O-1 status often qualify for an EB1A green card.

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

#220

Hi Peter, thanks for doing this! My wife is on H4 EAD which expires next year. What are the chances that it will be revoked, and if so, what are some options for her?

I think that there's a good chance unfortunately. The options will depend on her educational background and experience and country of citizenship but at a minimum she should go into the H-1B lottery.
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