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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

#231
post #210

Would the proposed upcoming changes to the H1-B visa also apply to the E-3 visa (which is closely related) https://www.federalregister.gov/documents/2020/10/08/2020-22...

E-3 visa applications are subject to the same prevailing wage requirements and it appears that the government is going to tighten the E-3 visa requirements and process, which to date have been much easier than the H-1B visa requirements and process.

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

#232
post #68

Earlier quoted context omitted.

"Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!"

Are attorneys legally able to alter a contract after it has been signed?

Are you able to prove that the crossing out was done before you signed rather than after?

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

#233

Hi Peter, thanks for doing this again. My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport. Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions? Thank you!

Yes, departure (to Mexico, etc.) and reentry with both passports is a good option.

We've had many clients do this successfully recently.

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

#234

Thank you for hosting another session Peter. I'm an Indian H1-B guy working on an MVP with a green card holder here in California. I'm working for an employer right now, but really willing to jump on my project full time if it shows promise. We're not going to make any income from it until we raise money from VC's so I assume it is safe to keep doing this? Also, when the time comes, how do you suggest that I jump on…

Broadly, there are two challenges: building a company without crossing the line into unauthorized employment and getting authorization to work for a company you founded/own. Beyond not getting paid, the line mentioned above is a grey and nuanced one; the very general rule of thumb is that its time to get work authorization when the side project is no longer a side project. The work authorization options are the H-4 EAD, as you note, which almost certainly will remain untouched if there's a change in administration, a concurrent part-time H-1B, which would allow you to continue working for your current H-1B employer, the O-1, a high standard but ownership and control are not really issues, and the H-1B, with ownership and control stumbling blocks.

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

#235
post #7

Hi Peter! If YC accepts a company from a south asian country like India and the founders decide to relocate their company to the US, what does the visa/immigration process look like for them?

For those participating in accelerators and incubators in the U.S., the B-1 visa is the default option but this visa doesn't allow the founder to be compensated, only reimbursed for his or her reasonable business and living expenses.

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

#236

Hi Peter, You mentioned the prevailing wage update affects people renewing visas. Would you please be able to elaborate on that and the "field of study" change? 1.) Is there a guide to figure out which level you fall under? 2.) Lets say based on my years of experience (4 years + MS), I qualify for level 4, does that mean if I don't have base salary of 217,000 in NYC, then I am not able to obtain a H1B? 3.) If you hav…

(1) Yes and I'll forward it shortly. (2) Yes. (3) Possibly but these petitions will be scrutinized even more closely. (4) I'm not sure what you mean.

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

#237
post #83

I’m looking to naturalize next year. I’ve heard that with the current administration after filing to naturalize it takes 6-12 months due to additional interviews in the green card (not naturalization) backing up the naturalization queue. Covid is probably having a big affect too. Anyway, if the administration changes to the democrats, in your opinion, do you feel wait times will decrease and will this be get fairly r…

(1) The wait times now are closer to 12-18 months in most offices. (2) Yes but you would need to reside there for at least 90 days before applying and remain there until naturalized.

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

#238
post #120

Hi Peter, I'm sponsoring my wife's green card and we're pretty type A and have filled out all the forms and gathered copious evidence of relationship, evidence of financial sufficiency, etc. But we're worried about the current political climate and are considering working with Fragomen just to de-risk. We've heard the current administration is rejecting applications for every little reason (e.g. field that should be…

Please don't even consider Fragomen. Ask any Amazon engineer and they'll tell you the same thing: do not ever work with Fragomen.

I personally had to talk to my manager and hire my own lawyer instead of working with Fragomen after countless delays and mistakes. They don't care about you or your case at all and the paralegals are outright incompetent. You don't really get to talk to the lawyer a lot anyway.

I'd go with a local smaller firm if I were you. If you're in Seattle area, I can recommend "MacDonald Hoague & Bayless". I personally worked with "Lola Zakharova" and she was amazing.

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

#239

Earlier quoted context omitted.

>Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise. One example being none other than the present FLOTUS. Clearly, sh…

She is an illegal immigrant, who had an anchor baby, who engaged in chain migration. Hilarious.

I have a vehement hatred for the whole Trump family but there's no evidence of illegal immigration and the rest of that is hearsay and doesn't belong on HN. Please provide references if you wish to make such statements.

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

#240

Thank you for hosting another session Peter. I'm an Indian H1-B guy working on an MVP with a green card holder here in California. I'm working for an employer right now, but really willing to jump on my project full time if it shows promise. We're not going to make any income from it until we raise money from VC's so I assume it is safe to keep doing this? Also, when the time comes, how do you suggest that I jump on…

Broadly, there are two challenges: building a company without crossing the line into unauthorized employment and getting authorization to work for a company you founded/own. Beyond not getting paid, the line mentioned above is a grey and nuanced one; the very general rule of thumb is that its time to get work authorization when the side project is no longer a side project. The work authorization options are the H-4 E…

Thank you! This is much helpful.

Can you provide some insight on Unshackled as well if you don't mind? I don't know anyone who has had a first-hand experience with it so I was just wondering.

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