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

271–280 of 322 posts

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

#271

Post by _1tan »

proberts wrote: post #160
_1tan wrote: post #152

Career question: I am a college dropout in middle management at a startup in Europe. Recently I started studying law part time and would like to transition into a role related to my new field of study. What are some entry level fields at a startup involving legal knowledge you can recommend? At my current org I mainly see opportunities in regulatory affairs and employment law. Do you think this strategy is worthwhile…

I really don't know since my practice is pretty narrow but we deal with a lot of corporate, employment, tax, and patent lawyers who all seem busy and needed by our clients.

Thanks!

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

#272

Post by VintageLight »

canucktrash669 wrote: post #234

Canadian living in Canada with a EU citizen on a PR (permanent residency in Canada). Let’s say I get in on a TN, I understand she can accompany me without being allowed to work. How long would it take for her to get a work permit? Months, years?

If she is not your spouse, then she will not be able to accompany you on your TN visa. If she is your spouse, she can enter on a TD visa while accompanying you. The TD visa does not have work authorization so she will not be able to get a work permit. So to answer your question: Never.

However, being in the US will allow her more opportunities to interview with companies that may be willing to sponsor her on other visas that will grant work authorization.

Another route is the F1 student visa to OPT/CPT.

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

#273

Post by proberts »

tequila_shot wrote: post #232

> H-1B petitions are still being processed since there's no labor market test associated with these but PERM-based green card applications could be put on hold because a labor market test is central to this process and layoffs by the sponsoring employer can result in the end of this process. Can you please explain what this means? I'm in the process of changing my work location with the same employer, and uncertain h…

It's really hard to comment without having all the facts and documents but as a general rule, a permanent change in job location that is outside the MSA of the location on the PERM application requires the filing of a new PERM application.

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

#274

Post by proberts »

thegreenswede wrote: post #190

Hello! My girlfriend is currently an au paire on J-1 Visa but wants to leave her current host family due to bad work conditions. She will attempt a rematch to find a new family and continue working under the program. However, she knows some au paires in similar situations who filed for Tourist Visa whole working and still in the US, and then stopped working while waiting and being 'out of status' but remaining in the…

Yes, she could file a change of status to B-2 visitor status and while her application is pending, she could remain in the US. But this application should be filed before she quits her J-1 employment and note that there is no guarantee that her application will be approved.

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

#275

Post by proberts »

ublaze wrote: post #261
phakding wrote: post #256

Earlier quoted context omitted.

As another guy from India who was on H1B and started a company. You can start a company but you may not work for it. You can attend the board meetings and that's the extent of your involvement. If you do anything, even clean the floors of the office you are technically breaking the law as your h1b allows you to only work for the employer that sponsored your Visa.

How do they enforce these things? I'm sure if you do something silly like show up in the company's payroll you'll suffer consequences but this rule is pretty nuanced.

The law and the practical application of the same by USCIS are different. Although doing things on behalf of your own company without receiving cash compensation could still be considered work requiring work authorization, USCIS is most concerned about receiving cash compensation - this is a line you cannot cross. But as noted above, this analysis is nuanced so I would recommend that you consult with an attorney before taking any steps because, for example, there are steps you could take that would allow you to work for your company now without leaving your current job.

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

#276

Post by proberts »

knes wrote: post #216
proberts wrote: post #208

Earlier quoted context omitted.

What's your country of citizenship?

Sorry forgot to mention, I'm French

It is unlikely that you would be allowed back into the US as a visitor (under ESTA or with a B-2 visa) to retrieve your belongings - that is, it's doubtful that this would be considered essential travel.

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

#277

Post by proberts »

swyx wrote: post #264

Hi Peter! thanks for doing this! I'm a Singaporean. The crisis caught me at an inconvenient time - I'm in the middle of switching jobs, and had just flown back to Singapore to get my next H1B1 visa. However now the US Embassy has stopped regular processing of visas. So I'm supposed to start work on Monday but I don't have a visa. Since we have no idea how long this thing is going to last... Is there something I can d…

There's nothing you can do now to travel to and work in the US on an H-1B1 visa until the US Consulates and Embassies reopen. Until then, you are absolutely fine to work remotely for your employer now whether as an independent contractor or even a direct employee.

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

#278

Post by proberts »

FrauleinSchmidt wrote: post #231

Hi Peter, I have been waiting for my I-485 AOS interview (currently on H1B) but it got cancelled due to USCIS's response to Covid-19. My application has been pending for less than 6 months. If I get laid off before the interview, how would it affect my AOS application? Is AC21 an option?

Yes, AC21 might still be an option. You should consult with an attorney if and when you get laid off (unless you know now that this is almost certainly going to happen).

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

#279

Post by proberts »

iska3005 wrote: post #265

Greetings, Peter! I had to leave US while in the process of asylum decision pending (right after the interview), and flew back to my country. (My Mom was critically ill, doctors suspected COVID19, and I'm the only close relative) (Left using my passport) My asylum got approved while I was outside US. What is the right way to re-enter US in this situation?

Do you have any US travel document? If not, then once the US Embassy where you live reopens, you should contact it and if you are unable to get through, contact your Congressional representative. I also have a separate concern about the continued viability of your asylum claim since you traveled back home.

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

#280

Post by proberts »

thegreenswede wrote: post #255

Hello Peter! Can a person here on visa apply for Tourist Visa and await the deicision while saying in the US (being out of status but staying here due to the pandemic)? I made a comment before but I believe it was too specific of a case so I apologize. The general question is more my concern. Thanks so much for doing this!!

Yes, an application for a change of status to visitor status, if filed before the person's current status expires, would allow that person to stay in the US while the application is pending (even if the person's previous underlying status expires). Of course I can't comment on whether that application would be approved.
Post reply on HN