Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?
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
#42How to satisfy the PERM physical notice posting requirement when all offices are closed due to CoViD (keycard access is revoked, all employees WFH)? Is it enough to post it in an empty office and/or electronically on the intranet? What if the office never reopens, or not anytime soon?
I think along with the physical office, you also have to post it in journals/job boards etc., I think it should not be impacted, but will wait for proberts to respond.
The requirement to post a notice of filing either physically or electronically hasn't gone away because of the pandemic although the DOL has relaxed the requirement. One solution is to post electronically if a physical posting isn't an option.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#43Peter, if someone is stuck on a tourist visa that is now expired but they cannot travel back to their home country yet due to travel bans, what else can be done other than waiting ? Extension application has already been filed for months since pandemic started but no communication from USCIS yet and the I-94 is now expired.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#44What strategies are companies using to make sure employees can stay working through any sort of visa issues? Canadian incorporation? Other international offices?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#45How does the administration's hold on Green Cards affect people already in the process (from PERM through green card in-hand)?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#46How do you justify being an American whose work entierly revolves around taking jobs that Americans could have fulfilled and trying to give them to people who are not citizens, did not grow up here, and see America as nothing less than an institution they can use to get ahead?
How do you justify Americans working for non-american employers within the US?
If your talking about transnational corporations that have a base of operation in a given country then they made a financial decision to invest in people and workers from that country, not game the system by bringing in foreign workers for cheaper wages.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#47I am a Canadian technical writer who is also a programmer and a graphic designer. Is it easier for me to work in the states through a TN visa (which specifically mentions technical writers)? I've never tried looking in the US but I've always wondered if that would help ease some of the visa issues.
The TN is a good option and all occupations are good TN options (depending on your education because there needs to be a nexus between your education and the job): technical writer, (software) engineer, and graphic designer.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#48I am a Canadian technical writer who is also a programmer and a graphic designer. Is it easier for me to work in the states through a TN visa (which specifically mentions technical writers)? I've never tried looking in the US but I've always wondered if that would help ease some of the visa issues.
You should choose the TN occupational category that will fit your job description and experience/education best.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#49Hi Peter, wondering if you seen any changes (due to pandemic and political climate) regarding enforcement and interpretation of "continuous residence" requirement both in terms of naturalization and maintaining permanent residence for green card holders.
Specifically do you think whether there a risk of losing a green card or N-400 being denied on those grounds for a person that has been staying outside the US (in different countries) for 5-7 months per year for the past 3 years, but not exceeding 6 months at any time and maintaining ties to the US?
Thank you!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#50Peter, if someone is stuck on a tourist visa that is now expired but they cannot travel back to their home country yet due to travel bans, what else can be done other than waiting ? Extension application has already been filed for months since pandemic started but no communication from USCIS yet and the I-94 is now expired.
That really is the best option - filing an extension - and extension applications are taking a while, 3-5 months.