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

news.ycombinator.com

41–50 of 289 posts

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

#41
post #13
post #7

Any predictions on the India EB2/3 backlog? Is it really going to take 5 years to clear 2009?

On a similar note, any chance of an immigration reform in medium term like 3-5 years that would help reduce the backlog for Indians on EB2/EB3? If not, any alternatives apart from EB5, EB1 that you could suggest?

I don't see the awful India EB2/3 backlog getting better without political intervention but I don't see this as a high priority at present.

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

#42
post #24

Question for the admins (dang and sctb). This seems like an attorney trolling for work a few times per year. https://news.ycombinator.com/submitted?id=proberts Note other AMA's which are typically different: https://hn.algolia.com/?query=%22AMA%20%22&sort=byPopularity... Is this allowed because the poster 'does work for YC' meaning if another attorney did the same thing on a regular basis it would get flagged?

[deleted]

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

#43
post #30

Earlier quoted context omitted.

Yes, unbelievably slow. Anecdotally, at least 25% of the cap-subject H-1B petitions that we filed last year are still pending. The why is tough. Many people think that it's the result of general hostility by the current administration toward the H-1B program. But there's no question that the rate of requests for evidence and denials are much higher than ever before that many of these are without legal basis.

You mean, that were submitted this year, April 2018?

That's right.

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

#44
Has anyone had their ESTA (US Visa Waiver) revoked under 24 hours before their flight? It happened to a few people here (one had even visited the US on the same ESTA a few months before). Of course caused massive cost and disruption which the company had to absorb.

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

#45
post #6

Would you mind to share is it becoming easier or harder for startups to hire foreign engineers on H1B visa in the past few years? And roughly how many percent of YC companies support new H1B applications?

Yes, it's gotten much hard during the past 2 years although still strong applications generally get approved although it's still sometimes a battle even with strong applications.

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

#46
I’m Canadian. I want to own a Delaware C Corp and move to the US. An attorney recommended to me the L1 visa. I think this will be a good option for me once I’m in the position to qualify. However, with regards to the DE Corp, it seems like I cannot be employed by the company. Is my only option then to issue myself dividends? How would an E1 visa change that?

Thank you for your time!

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

#47
post #12

The processing of successful H1B visas seems to be taking much longer this year than in previous years. Could you shed some light on to why this is?

The reporting in the news describing an increase in requests for evidence (RFE), which if you are being generous would seem to reflect scrutiny of each application has increased. The same news articles and forum discussions unfortunately describe USCIS applying different interpretations and standards compared to previous administrations. The most bizarre situations I’ve read had h1b granted for only months with with an end date prior to when it was approval. The scrutiny that might be legitimate is confirming the amount of coursework that is applicable.

Instead of staffing for the expedited processing, they have removed it for periods of time.

By encumbering and slowing down the process the outcomes unfortunately do have some small success in achieving the administration’s stated goal of decreasing foreign workers.

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

#48
What would your advice be to a current TN/H1B holder who may wish to apply to YC in the future, but is concerned regarding the restrictions of their current status restriction around "work" outside of their current employer.

To clarify, it seems that any sort of MVP, attempting to show traction, etc could be considered "employment", and thus a violation of current status.

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

#50

Hey Peter, are you seeing anything new with regard to EB3 Greencards vs previous years?

Actually, I haven't seen much change with the EB3 (or EB2) PERM process. I would argue that the biggest change is with the EB1A green card category, which has become a good bit harder to get.
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