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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

#211
post #197

Earlier quoted context omitted.

Since we are doing wishes and grievances, why have PERM at all?

The specificied purpose of PERM is to to fill a position that otherwiswe can't be filled by a US LPR or citizen.. If you need to hide your job postings on an internal physical caulk board in a basement and post them in only physical copies of The Columbus Dispatch then it should be pretty clear you're not following the spirit of the program. If, even after doing that, you then disqualify candidates for pretty fake re…

isnit right to call it abuse?

certain employers can use h1bs to fill specific employment needs really well, and have a ton of experience with both sourcing foreign labour and matching it to work that needs doing in the US.

its doing exactly what the program is looking for, filling a labour quantity at the price employers are looking for.

The US government is optimizing for being able to do some volume of technical work, and the the h1 is intended to make sure that the industry isnt limited by labour availability. its not particularly abusive to do that in an efficient way where the same h1b can serve many businesses

the alternative thats coming is going to be moving a lot of the work to india and instead having the local engineers be liasons for where the real work is happening

people in india havw to wait long periods because the green card system of country limits has no per capita normalization, not because of h1 visa abuse. its sheer volume of good people working for american companies in america, wanting to stay in america. Your anti-abuse metrics will bring it down from 15 years to 13 or 14. not a meaningful difference

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

#213
Thank you kindly, Peter.

My partner is a H1B tech worker employed by Meta; not working on AI/ML.

Given the Chinese government opposition to the Manus acquisition, is there any risk they could encounter for their upcoming H1B visa stamp in China?

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

#214

What a creative way to solicit new business. These quarterly touts for work on HN in the guise of AMA leave me somewhat annoyed.

Any decent immigration attorney who works with tech companies has a virtually unlimited stream of work available. I very much doubt this is the reason for the posts.

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

#216

What a creative way to solicit new business. These quarterly touts for work on HN in the guise of AMA leave me somewhat annoyed.

No one is asking you to read them. Feel free to ignore it. I don’t see anything wrong with YC’c immigration attorney doing an AMA on HN which is hosted by YC.

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

#217
post #58

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b. Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP) Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds i…

What made you switch from E-3 to H-1B?

Probably the desire to apply for a green card. Technically you are not supposed to do this in an E3 because it demonstrates immigrant intent, and the E3 doesn’t allow this. I know people who have done it successfully but I also chose to get an H1B before putting in a green card application years ago, and I would be even more cautious in today’s atmosphere.

A random lawyer web site that looks like a good explanation: https://peterchu.com/blogs/medium-feed/can-an-e-3-visa-holde...

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

#218

Hi Peter - thanks for another of these. What travel restrictions are applied to applicants/spouses going through the PERM labor cert green card process? I am on an L1-B (wife is L2) and we are currently at the step before the I-485 submission and travel lots to see family

I certainly travelled during the PERM phase, and my lawyer didn’t even suggest I think about it. I did not travel after submitting the application while waiting for the EAD.
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