Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

221–230 of 418 posts

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

#221

Post by proberts »

away_im_thrown wrote: post #110

Hi Peter, First of all, I wanted to thank you for taking the time and offering your help for the community! I had a couple of questions. For context, I'm Iranian and I've been a green card holder for the past 10 years, 5 of which I've been residing continuously inside the US. 1. I'm planning to apply for my citizenship this summer. Do you think there would be any complications with my naturalization given the current…

1. I would recommend applying to renew your green card as well because it's not clear how long the naturalization process will take under the new administration. Regarding potential complications, last time he was in office, I didn't see any extra issues/delays with my Iranian clients becoming citizens. 2. This process could be impacted because she's outside the U.S. and it's easier for the administration to impact those outside the U.S. seeking immigrant (green card) visas through a U.S. Consulate than to impact those in the U.S. seeking to obtain green cards through USCIS. I don't think it matters whether you get married sooner. 3. Possibly but as you know, even Iranians applying for F-1 students visas can be subject to significant delays.

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

#222

Post by proberts »

annavdoro wrote: post #165

Right now there are many cases with visa administrative processing taking several years after o1 approval. Any changes expected here?

I haven't seen that. The delays I've seen are for those from certain countries (such as Iran or Russia) or for those whose area of expertise/study is subject to export control laws/concerns.

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

#224

Post by road_to_freedom »

proberts wrote: post #211
road_to_freedom wrote: post #182

I got 221g administrative processing denial for L1-B recently. I work at FAANG. From your experience is there any chance that this will clear itself soonish or that's kinda the end of the story? I know a few stuck waiting for more than a year. Is such an outcome likely for me?

This depends on the reason for the 221g. Security-related reasons can take a while but often 221gs these clear quickly. What's the reason?

The reason wasn't specified. Are they supposed to specify the reason like security check?

The officer told me to send CV, job offer and support letter on email. Even though these were available at the interview so this ask looks to me more like a facade.

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

#225

Post by proberts »

d3nj4l wrote: post #217

Hey Peter, been reading these threads for a while and really appreciate your support. I'm on STEM OPT and I want to keep my options open in case I don't get an H1b by the time it ends. What realistically are my options without affecting my future chances at a green card? I've heard that pathways like Day 1 CPT can lead to future I140 denials, which make me skeptical of going down that route.

The nonimmigrant visa applications of those who get day 1 CPT tend to be scrutinized more closely but as long as the program is real, the visas eventually get issued. And the same for green card applications. While this might result in greater scrutiny, green cards get issued if the program is real. So if you go this route, just make sure it's a legit program (classes, homework, tests, etc.). The other option is the O-1. Of course I don't know your background but the O-1 is one option those who don't get selected in the lottery look at.

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

#226

Post by scarface_74 »

proberts wrote: post #70
antithesis-nl wrote: post #49

Yeah, so, any chance you could do a monthly-or-so post that explains, in legal terms (of course!) why referring to an entire, diverse bunch of people as "H1Bs" (which, as you know, is just a visa class and pretty much, as you also know, the only path to legally entering the US as an immigrant without family ties or, well, the future-Head-Guy-or-one-of-his-cronies fancying you) is, like, a crime against humanity? Beca…

I don't agree with that view/trope since my clients (granted, a limited dataset) are hiring H-1B workers because they believe that they are the best candidates.

I am not as anti H1B as the original poster and have no animosity toward my H1B visa coworkers. But let’s be real. There are thousands of unemployed citizens that could do the work just as well especially when you consider how many work for WITCH companies.

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

#227

Post by proberts »

uhuruity wrote: post #207

Thanks for doing this Peter. I have two questions, advice on either/both would be much appreciated! 1) Partner moved to the US in L1B status, after 2-3 years successfully adjusted to L1A status, based on having been promoted and perhaps been initially misclassified. Would they be eligible for the EB1C green card? 2) How can an individual on the STEM OPT extension best work on their own entrepreneurial ventures? Would…

1. The EB1C has the additional requirement that the applicant's employment abroad also must have been managerial or executive (which at the end of the day means people management). This is where those who move from L-1B to L-1A sometimes fall short. 2. This requires a discussion unfortunately because if you look at the websites of 10 different schools, you will get 10 different views on whether an F-1 can get STEM OPT through their own company. My reading of USCIS guidance is that STEM OPT can be obtained through an F-1's own company as long as there is a supervision/training component to their employment.

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

#228

Post by proberts »

esel2k wrote: post #209

Thanks, so many interesting answers. As an European working for a US tech company - regular visiting but world traveler as my passion. Is there officially a list of countries one should not visit (just tourism) that could harm career prospects while working for a US company for visas? Thank you.

This is a moving target but at a minimum any country on Trump's soon-to-be travel ban list might cause problems down the road.

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

#229

Post by erehweb »

proberts wrote: post #51
blindriver wrote: post #15

How viable is the effort to overturn birthright citizenship?

It's in the Constitution (14th Amendment) I would say extremely unlikely.

I agree with other commenters that the meaning is clear. But I think they underestimate how far the Supreme Court is willing to go to torture the meaning of the Constitution. Hopefully I am wrong.

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

#230

Post by robertwt7 »

Hi Peter! Thanks for doing this! I've been watching this thread and reading for so many times but now I have a question.

If I come from Australia with an E3 visa, what is the pathway for me to get a greencard? On the US Gov website, the E3 visa is a non-immigrant visa. does this mean that I can't convert to H1B or greencard if I came with E3 visa?

Thankyou

Post reply on HN