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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

#261

Post by jonpurdy »

testfrequency wrote: post #246
jonpurdy wrote: post #208

Earlier quoted context omitted.

That is useful to know. We were expecting a 5-month wait (as of January 2025) and recently learned it could take over a year. Since we've been out of country since applying (no biometrics required) we were concerned about being out of country for over a year with just a receipt notice and permit in pending state.

Thank you both for the responses and sharing, crazy helpful. I admittedly haven’t done my research today on the permit, but reading your reply now and seeing you can apply while abroad…that’s great news. I suppose my partner can start the process while we are still here, but glad we have the option it seems to do this once we are slightly more settled abroad. Hope your family gets the permit soon.

To clarify, we applied while in USA (you MUST be there when submitting application and can only leave after biometrics are done (or you get a receipt notice saying you don't need them if they were done recently enough). So definitely don't go anywhere until you apply! (Otherwise you'll need to come back). And I recommend having an immigration attorney fill out the paperwork since the risk of a mistake could cause problems later on.

More info: The 6-month thing is only used for naturalization; if she's out of USA for longer than that it can reset the 5-year clock. And 1 year thing (without reentry permit) means she'd need to come in on a returning resident visa (which technically can be granted upon arrival). If you don't have one already, any immigration attorney would be able to clarify these details. Much easier for your situation as you're a US citizen!

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

#262

Post by haiku2077 »

TechDebtDevin wrote: post #192
ghostly_s wrote: post #93

Earlier quoted context omitted.

because securing housing is a big part of residing somewhere?

I'm more so wondering what public data on these sites is really useful for finding/building deportation cases. It looks to me they are wrapping a bunch of scrapers into a product and selling it as "intelligence tools".

Many companies share non-public data with law enforcement if asked nicely.

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

#263

Post by junar »

rkovashikawa wrote: post #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?

Your EAD allows you to work at any job. You're in a much better place compared to anyone who needs sponsorship.

There's no particular difference between a person having G-4 status and any other person in nonimmigrant status when it comes to green card sponsorship. It's just as easy, and just as difficult.

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

#264

Post by GodsOwnSon »

What are the H1B visa extension options for a H1B visa holder, who had a PERM application (Labor Certification) filed with the DOL before his company got liquidated, leaving him job searching with only 3 months left in his 6 year H1B window?

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

#265

Post by jltsiren »

eitally wrote: post #250
crowcroft wrote: post #130

Earlier quoted context omitted.

Podcasts are a very significant medium, and Dwarkesh is probably comfortably in the top 1% of podcasts. Isn't that exactly what O-1 is for?

I don't think so, personally, because I see that podcast as entertainment rather than education, and I don't think entertainers should ever receive O-1 visas.

Legislators thought otherwise, when they explicitly created two subcategories of O-1 visas:

* O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).

* O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

The reason is pretty simple. Entertainment industry depends more on specific individuals than most other industries. If you have cast a foreign actor for a role, you can't easily replace them with generic interchangeable talent. But that foreign actor is not magically allowed to work in the US. They need a visa that allows it. Hence O-1B.

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

#267

Post by nullbyte808 »

jackall wrote: post #185

As a Canadian on an L-1B visa, approaching the 3-year mark and an upcoming renewal, is it recommended to process it within the US or travel outside and re-enter for the processing at the border?

Don't put yourself at risk of going to a detention camp and stick with doing it in Canada.

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

#269

Post by tim333 »

mertleee wrote: post #134
crowcroft wrote: post #130

Earlier quoted context omitted.

Podcasts are a very significant medium, and Dwarkesh is probably comfortably in the top 1% of podcasts. Isn't that exactly what O-1 is for?

At the time he barely had 10k subscribers. The merits of the "genius" VISA should be for research and engineering endeavors.

In practice they want people of high ability who will contribute positively to the US, not necessarily geniuses. My friend who was supporting actress in some Netflix thing got in on that basis.

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

#270

Post by tim333 »

mertleee wrote: post #210
crowcroft wrote: post #175

Earlier quoted context omitted.

O-1 isn't a genius visa, it is for [1] Individuals with Extraordinary Ability or Achievement, the government website specifically calls out categories that are not research or engineering. [1] https://www.uscis.gov/working-in-the-united-states/temporary...

The jokes really do write themselves "Extraordinary Podcasting Ability". Would much rather that visa had gone to a researcher or engineer who's motto wasn't "not wanting to push pixels around at a FAANG".

Why not both? I can see the argument for not having millions of unskilled immigrants crossing from Mexico but both Dwarkesh and the researcher/engineer would benefit the US. I don't think it's that hard to get O1 as a researcher/engineer - you basically have to get to the level where you present at conferences and are seen as an expert in whatever.
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