Live data from Hacker News

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

news.ycombinator.com

231–240 of 294 posts

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

#231

Hi Mr. Roberts; Thank you for doing this, yet again - your insights are always so valuable. I am on an H1B, and my company applied for a Greencard, and I have received a Priority Date with my i-140 (sorry if I'm not using the correct terms here, this process confuses me). When am I able to leave my current employer without losing my priority date? Would I need to get my new employer to apply for an H1B transfer and e…

The priority date is your property and only in very limited circumstances can you lose it after leaving your employer. The general rule is that the beneficiary of an I-140 petition - you - needs to wait at least 180 days after the approval to protect the priority date. I'm not sure what you are asking about a new employer.

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

#232

Hey Peter! What are some of the most common legal mistakes you see startups make and how can they be avoided?

I'm not a business person so I'm not really in a position to comment but one mistake I've made - I have my own firm so I'm not too different from a startup founder - is not putting administrative/human resources infrastructure in place from the beginning and not hiring a chief of staff early on.

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

#233

Im a Canadian, I want to expand my business to US - what’s the right way to do that and use that for green card?

There are a lot of options. In the end, creating a successful business in the U.S. is the best path to a green card but more specifically, assuming that you have employees in Canada whom you are managing, opening an office in the U.S. and transferring yourself to this office and then growing the business is a great way to get initial work authorization and a green card. Another option, if you have strong credentials, is to come over on the O-1 and then pursue an extraordinary ability green card then or after you have built up the company.

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

#234
I have a g-4 visa as a dependent and I'm afraid that many startups won't be seeing my EAD as a competitive candidate for employment.

What do you think about this kind of employment and is there a fast way to earn a green card in my situation?

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

#235
post #156

is E2 still an easy option for (small) investors to buy/start a business with ~100k capital?

The E-2 is very much a check the box type of visa but whether $100k is enough would depend on a number of factors so you should consult with an immigration attorney. One relative advantage of the E-2 is that spouses can work and that it is in large part a company benefit that makes it relatively easy to bring over talented people from the founder's/owner's home country.

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

#236

I just got my green card but the category mentioned on it is wrong (E18 instead of E17). Is there an action I need to take? Separately, can I use the existing card to travel outside the US and reenter?

Since this was USCIS error, you should be able to get it corrected without paying a filing fee by filing a Form I-90 application. You will need to mail in your green card, however, when you submit this application. Regarding travel on your green card before you get it corrected, I don't see any issue since it's still a valid green card.

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

#239
post #207

Hi Peter, Thank you for taking your time to do this. I currently hold J-1 research scholar visa. I would like to better understand what visa options I have after my J-1 ends. I am considering applying for O-1 but I need a professional advice on that. Can you recommend any immigration lawyers that can help me with that?

Schedule an initial consultation with me and then I can refer you to a good immigration lawyer to execute the plan. The O-1 is probably your best - and only - option.

Thanks, I emailed you.

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

#240

Have O1 visa approvals slowed under the current administration, and what steps can individuals take to address this?

I haven't seen that - nearly all our O-1 petitions are still getting approved - but my view like everyone's view on this is anecdotal so I don't really know. The major changes I've seen are in the NIW context and to a lesser degree in the EB1A context.

What are the changes you have seen regarding EB1A?
Post reply on HN