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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

#371

Post by sriamanan »

proberts wrote: post #20
blackhaj7 wrote: post #11

Thanks for this Peter! I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan) What are my options if I was laid off/company went under/perm cert rejected? How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over…

I am on L-1A with an approved I-140 in EB1c. My priority date is not current yet. What are the options if they were laid off.

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

#372

Post by swampert543 »

Hi Peter, I’m currently on year 3 of H1B, and my company filed this march for the 3 year extension (with premium processing), which got approved.

Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140.

Her request is still pending, and given current processing times it likely still will be when her status expire.

To complicate things, we travelled outside the US for 10 days while her request was pending (after receiving the green light from my company lawyers saying it wouldn’t impact the i539).

Reading online we got mixed results, so we’re not sure if she can stay in the US until her i539 is approved, or if having left the country for a short period might cause USCIS to consider her application abandoned.

We could have her travel and to make arrangements for a consulate appointment before July, but we’d like to avoid that if possible.

My understanding is that is a bit of a legal gray area, so I wanted to hear your thoughts.

Thanks for the help!

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

#373

Post by citizenkeen »

jsbg wrote: post #246
hn_throwaway_99 wrote: post #231

Earlier quoted context omitted.

Ugh, arguing over the simple meaning of factual statements on the Internet is my biggest pet peeve. If you don't have an appropriate work visa, permanent residency or citizenship, and you answer yes to the question of "Are you legally authorized to work in the US", you are just a liar, plain and simple.

> If you don't have an appropriate work visa, permanent residency or citizenship Well, TN is none of those, and here I am authorized to work legally. If I apply for another job elsewhere, the honest answer to this question is yes, despite the fact that I will be required to get a new TN.

You’ve now been informed by an immigration lawyer that that is not an honest answer, so were you to answer “yes” you’d be demonstrating you’re either willfully ignorant or dishonest.

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

#374

Post by taway20250516 »

A legally-uneducated read of 22 CFR 51.62 suggests that the State Department can revoke a passport that was "illegally, fraudulently, or erroneously obtained."

How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?

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

#375

Post by jonny_eh »

phire wrote: post #349
jonny_eh wrote: post #150

Earlier quoted context omitted.

Can you be block-listed if you withdraw your application to enter?

The ESTA form explicitly includes "withdrawn your application for admission", as part of the refused admission question. So it's basically the same, and you will have to apply for a proper visa.

What's an ESTA form? I've never encountered one as a Canadian.

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

#376

Post by pokechamp »

reposefulcats wrote: post #224

Hi Peter, I am a naturalized US citizen (via employment sponsored H1B to Green Card route). Prior to obtaining my citizenship I held an F1 visa to complete my PhD, and may have overstayed in the US at the end of my studies (I am not sure, this was 15+ years ago). This was never raised as an issue when I applied for my H1B, Green Card or citizenship, but is it something that could become an issue for me now if I trave…

[flagged]

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

#377

Post by protocolture »

miotintherain wrote: post #21

Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…

As early as the last Trump presidency I was seeing people with good opsec doing the following.

1. Backup your device to the cloud (a different cloud than the default if possible)

2. Erase your device

3. Provide your empty / near empty device for inspection.

4. Load the backup after the airport checks.

It might be wise to update this with some basic changes, like creating fake accounts that are auto signed in on your device. Blank twitter account, blank gmail account etc.

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

#379

Post by gamblor956 »

reposefulcats wrote: post #224

Hi Peter, I am a naturalized US citizen (via employment sponsored H1B to Green Card route). Prior to obtaining my citizenship I held an F1 visa to complete my PhD, and may have overstayed in the US at the end of my studies (I am not sure, this was 15+ years ago). This was never raised as an issue when I applied for my H1B, Green Card or citizenship, but is it something that could become an issue for me now if I trave…

Let's put it this way: if you have a problem, you have the same problem as the First Lady and Elon Musk, both of whom violated/overstayed their initial U.S. visas but are now citizens.

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

#380

Post by karthikb »

hn_throwaway_99 wrote: post #233
Plasmoid wrote: post #191

Earlier quoted context omitted.

> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.

> This might actually violate EEOC. You would discriminating on the basis on nationality. This is laughably incorrect, and a good example of why you should get legal advice from lawyers instead of Internet forums.

EEOC is based on national origin not nationality.
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