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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

#222
Hi Peter, thank you for doing this! I was wondering what the best approach is for a Canadian with a 3 year bachelor's degree in computer science to work in the USA. I hear it's a TN visa, but do they differentiate between a 4 year and 3 year bachelor's degree? Thanks!

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

#223

Earlier quoted context omitted.

Because a) folks that are the most impacted by this cannot vote and b) IIRC there are even limits imposed on political activity by visa holders, they get slightly relaxed when you get a green card (but do check it out, IANAL and may be misremembering).

> IIRC there are even limits imposed on political activity by visa holders, they get slightly relaxed when you get a green card Any specifics on this?

https://www.fec.gov/updates/foreign-nationals/

Looks like green cards may already lift the limitations, my bad.

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

#224
I'm on an H1-B, living in the Bay Area, and working for a company with an office in the Bay Area.

My team is remote, and I'm planning on moving to the Tahoe area, still in California, does my employer need to file an H1-B amendment? If yes, what could happen if I move and file an AR-11 change of address before the H1-B amendment is approved?

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

#225

What’s the best pathway for an Australian on an E3 visa to transition to a greencard? Do I have to go to a different visa type first? I’ve had 8 E3s so far.

IANAL but I have personal experience with this having gone through it myself.

It is totally possible (or, at least, it was -7 years ago and I V don’t believe the roles have significantly changed in this regard) to go directly from an E3 to a GC. That’s what I did.

It requires a little extra planning however just to make sure you don’t go out of status while your I485 petition is pending.

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

#226
My wife has a order of withholding of removal. We are living on the island of Saipan in the Northern Marianas Islands (a territory of the United States). We would like to return to the mainland and eventually get her green card. How do we petition to get her parole office changed, and how do we transition from Withholding of Removal into a green card by marriage? We have been told we have to reopen and then close the withholding case but his does one do that?

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

#227

My wife has a order of withholding of removal. We are living on the island of Saipan in the Northern Marianas Islands (a territory of the United States). We would like to return to the mainland and eventually get her green card. How do we petition to get her parole office changed, and how do we transition from Withholding of Removal into a green card by marriage? We have been told we have to reopen and then close the…

wow, this is clearly the most complex question in today's thread.

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

#228

What's the best way for a U.S. citizen to lobby for more open immigration law?

Fixing immigration law would make it harder for politicians to use migrants for negotiation.

For example: DACA's existence helps both democrats and republicans. Helping or attacking DACA is profitable politically. Fixing DACA for good is not.

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

#229

Earlier quoted context omitted.

I'm struggling to follow what immigration has to do with discrimination against US-born individuals. Is the connection because, without the broader pool of applicants available through visa programs, companies would be forced to hire an increased amount of US-born people who wouldn't otherwise have been hired, some of whom would have been potentially not hired due to discrimination? If anything, my discrimination met…

It is probably more precise to just stick with the term "US-legal" instead of thinking about birth. That's a better term I should have used. The mechanism is if there's one perfect candidate of the right age, race and caste but the person isn't US-legal, then companies will be forced to consider people of the wrong age, race or caste. Maybe not right away, but when the supply of the perfect age/race/caste US-legal pe…

That's an interesting take; I haven't ever heard that argument used a defense of the Jones Act https://en.wikipedia.org/wiki/Merchant_Marine_Act_of_1920 , which is the classic example of protectionist/anti-foreigner-employment legislation.
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