I am going to sign off now. As always, it's been a pleasure and a learning experience so thank you. I am sorry if I missed any questions but I will log back on tomorrow morning and answer those questions as well as any new questions.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
241–250 of 289 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#242Hi Peter,
I have an family member with GC who visits the US for short periods of time every 6 months to maintain it. They currently have no intention of moving to the US. Recently, they seem to be getting more scrutiny at the airport due to the US not being their permanent residence.
Is it possible for their GC to be revoked for this reason? If it is, then is there any way they can continue on with their lifestyle and still maintain their GC (by investing/buying a house/etc.)>
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#243Thanks a lot for doing this Peter!
As a J-2 visa holder, who has been issued an EAD, I will need at some point get a company to sponsor me via H1B. Questions: a) If I get the H1B visa, my J-2 visa status is abolished? b) If the company then fires me, am I able to switch to J-2 visa again? Will I need to re-apply for the EAD? c) Can H1B and EAD somehow co-exist?
In my understanding, it will be best to keep the J-2 visa for as long as possible, in order to have the flexibility of not being tied to one company. On the other hand, it might take couple of tries to get the H1b, so this tells me to apply relatively early on? Is that the only trade-off?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#244Hi Peter! Thanks for doing the AMA. Do you know what is the current processing time for prevailing wage (PERM)? I believe my lawyers applied on August, no response yet from the DOL. (Their website doesn't display updated response times)
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#245Is there any point with bothering with US immigation if you're not impressed by the western europe US income difference?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#246Hello, Peter.
I am on H-1B and have had it for just over 3 years. I also have an I-140 for the green card application.
If I leave my job and go back to my country for a few months, - can I start work again on the same H-1B (no need to go to lottery) in a few months, provided I can find an employer willing to sponsor my visa? - How long can it take before I actually come back to USA and start working on the re-sponsored visa? I am asking due to concerns about the slow process of visa transfers lately.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#247Earlier quoted context omitted.
No. Nothing has been filed by the startup.
As a cofounder, an H-1B will be problematic so if you go that route, you should continue to explore other options while that petition is pending such as an O-1 because the H-1B petition could get denied - or just look at the O-1 now.
Oh. So can I hold O-1 And H1B together? can I work parallel to both (my employer and startup)? I want to utilize this new venture to go on EB-1A (Extraordinary ability). Is it possible?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#248Hi Peter,
I am an Indian citizen on H1B since 2007 with I-140 approved and waiting for GC with priority date of June, 2011. My H1 expired early this year and my company has filed for extension and responded to the RFE received. It has been more than 4 months since the RFE response has been sent with no outcome on extension yet.
Do you know as how long I will have to wait to know of my extension status? Will I be able to hold my GC priority date, if my extension is rejected ? If yes, what are ways for me to come back to US and avail my priority date and get GC?
Thanks!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#249Earlier quoted context omitted.
Can such an employee come back to the US and transfer their H1B to another company or are there restrictions?
Yes, he or she would not need to get an H-1B through the I-140 employer.
Will the individual be cap subject if they stay more than 1 year abroad ?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#250Does having approved patent(s) qualify someone for an "upgrade" to EB1 at all?
Not necessarily. While that helps, more important is whether the patented idea/product is original and significant and/or has been cited or used by others.
Hey Peter,
How much does number of citations to patent(s) matter? If it does, do they look at total number of citations for all patents combined? How many citations are considered 'good'?
Thank you!