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

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

#291

Post by proberts » Fri, Jul 28, 2023, 9:35 PM UTC

gnandigam wrote: post #155

What is the immigration process to move to another company if you are waiting on I-485 approval (status: pending, but EAD granted)? I’m currently laid off from the company that petitioned for my GC. (I’m not sure if I received a visa number).

If your I-140 has been approved and your I-485 has been pending for at least 6 months and you will be working in a similar occupation, then it should be easy. The wrinkle here - which would require a conversation - is your layoff.

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

#292

Post by proberts » Fri, Jul 28, 2023, 9:36 PM UTC

xylo wrote: post #146

I'm currently on H1B. I'm getting married soon to the US citizen so I'm planning to apply for marriage based green card. Are there any downsides to apply for EAD(I-765) and Advance parole(I-131) along with I485?

None. You don't have to use them even you get them.

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

#293

Post by Caligula » Fri, Jul 28, 2023, 9:36 PM UTC

proberts wrote: post #272

clemensley wrote: post #148

How long can a green card holder stay outside of the US without loosing the green card? What roles do forms I-131 and N-470 play? Many thanks!

If the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.

I have a GC and left a few months ago to Canada. Is it too late to get a reentry permit? I don't know if I want to return but having the option for 5 years would be nice.

ty!

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

#294

Post by proberts » Fri, Jul 28, 2023, 9:38 PM UTC

Gabriel54 wrote: post #143

joker_minmax wrote: post #134

If you (US Citizen) marry out of the country, and stay with your spouse (foreign citizen) in that country, how long is the current wait to come back into the country and have your spouse with you on a CR1 visa? And are there any advantages to K-3 over CR1?

- While the K-3 visa technically still exists, in practice it is rarely granted (i.e. on the order of 1 or 2 every year globally) [0]. You can apply for it in addition to the CR-1 visa but in practice, once they approve your I-130 petition the K-3 visa application will be cancelled automatically (and you will move forward with the CR-1 visa application) - The first step to get a CR-1 visa is to file the I-130 petitio…

Agreed. Generally it just makes sense to apply after getting married rather going the fiancée visa route. And expect 12 months or so.

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

#295

Post by proberts » Fri, Jul 28, 2023, 9:40 PM UTC

focom wrote: post #197

I will soon have my Canadian passport. Is the TN visa really easy to get at the border?

You need to be applying to work in one of the NAFTA-listed occupations and have the appropriate qualifications (generally, a related degree). If do, it's generally easy. It's also usually handled by the employer's immigration attorney.

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

#296

Post by proberts » Fri, Jul 28, 2023, 9:40 PM UTC

sass_saas wrote: post #193

From India! I have an I129 (Successful H1B lottery selection) with an old firm, but never got stamped an H1B in the past due to Covid. Will this affect my visa approval in the future as I am working on a startup which will be incorporated in US?

Not at all.

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

#297

Post by proberts » Fri, Jul 28, 2023, 9:42 PM UTC

jxf wrote: post #270

I'm a US citizen, but just wanted to say thank you for your work in helping others immigrate to the US. Our system is both complex and complicated, and the legal and administrative staff who help immigrants and prospective immigrants navigate it are doing difficult but necessary work.

Thanks. It's nice work since we get to work with so many talented and interesting people.

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

#298

Post by bubblethink » Fri, Jul 28, 2023, 9:44 PM UTC

simonbarker87 wrote: post #42

UK couple, both have engineering PhDs and 10+ years experience in engineering (dev and automotive), not rich but not poor. Is there a sensible path to US immigration that doesn’t leave them in the H1B bind or always on the verge of being deported?

The most straightforward approach in your case would be an EB2-NIW green card application assuming you were born in the UK. It basically amounts to showing that you are doing something demonstrably useful to the US (e.g., papers, grants, awards, citations, the usual). You can do it yourself on the cheap for 2-3k in USCIS fees including premium processing, or add another 5-10k for lawyer fees if you go through a lawyer. The only issue with this strategy is that consular processing from outside the US can take up to a year or more. Google/Youtube for EB2-NIW, you'll find plenty of resources.

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

#299

Post by proberts » Fri, Jul 28, 2023, 9:44 PM UTC

booboo28 wrote: post #287

I work as a software engineer on H1B visa due to expire in Sep 2025. My workplace is processing my GC, currently pending DOL wage certification. I hate my job. If I change job, it appears they'll have to start the process again. It looks like I will lose work permit if I don't receive i140 on time. I haven't run the numbers but is it too late to change jobs now? What are my options? It's too stressful!

I know. It's awful. But if you find an employer who's willing to help, you have plenty of time. And - although not 100% true - in my experience, it's never good to stay in a bad job because of immigration.

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

#300

Post by proberts » Fri, Jul 28, 2023, 9:46 PM UTC

letitgo12345 wrote: post #244

alsodumb wrote: post #234

Hi! Thanks for doing this! I am a PhD student planning to apply for EB-1 soon (that's the only path that could work for me due to my nationality). I am trying to understand what it takes for a successful EB-1 application and have a few questions: 1. From what I've seen, the application packet I will send would be hundreds of pages (with all the expected evidence). I am assuming the officer reviewing my application wo…

You should look into securing your priority date via EB2-NIW and applying through EB1-B -- that's far easier to get approval for than EB1-A.

Good advice. Regarding the EB1A, it's so fact-specific requiring a careful review of the facts that it's hard to respond. All I can say without knowing more is that the standard while high is almost always within reach of those with PhDs.