Hi Peter, These days, will getting an MS from a US university help in any way in expediting Green Card? I have not begun applying to MS yet
Depending on the green card path, an advanced degree definitely can help.
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
#52What are the chances of obtaining an EB-2 National Interest Waiver (NIW) visa for startup entrepreneurs? Particularly after the new guidelines of Dhanasar. Or what would need to be shown particularly?
Still high if the individual's background is strong and the national interest is clear.
Would you please elaborate on strong individual background?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#53[deleted]
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#54Hi Peter, and thanks! My question relates to the ability of reactivating "old" H1Bs after several time periods abroad. (French national here) I got my first H1B in October 2008 and left my job (and the US) in November 2009 (that's ~1 year and 1 month) Then I got it "reactivated" and came back to work in the US in November 2013. Transferred the H1B visa to another company in May 2013 (so that's ~6 months) and left the…
We've dealt with this issue several times and the outcome will depend on how USCIS applies its rules/policies but it is possible that you will not be subject to the lottery and could get another H-1B for the balance of your 6 years.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#55Peter - are you seeing a shift or a trend where individuals with immigration need are possibly heading to other countries (e.g Canada) given the toughening stance on immigration here in USA recently?
Also what would be your 2 cents for citizens from oversubscribed countries such as China/India who practically have to wait for ever now to get work based GC? Head over to Canada?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#56I'm currently working in the US on an L1-B visa, is there any possibility for me to switch to another employer without leaving the country?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#57Hi Peter,
As an H-1B holder with entrepreneurial ambitions and no Green Card in sight for any foreseeable future, how hard is it get an O-visa?
I am not a research scientist or a Ph.D. holder or have any publications, just your garden variety Software Engineer (with a graduate degree). With IER parole gone, what is a feasible way for me to quit my job and work on my own idea?
I don't have funding yet (and don't plan to receive one nor do I need one immediately), but have a feasible idea, some crud prototyping and positive responses from a small clientele.
My idea requires a good amount of field research, going to conferences and workshops, etc. (it's a B2B product). I am also required to go to meetups to scout for talent and to keep abreast of latest happenings in the tech scene, etc. I can't do any of these with my regular H-1B 9-5 job. How do I get off H-1B?
P.S. EB-1, E-2 are not an option.
Thanks.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#58Hi Peter, thank you so much. My company is currently sponsoring me for an EB3. I have two questions. 1) We just submitted the application to get the prevailing wage from the Labor Dept. From your experience, how much time is there left in the process given the current administration? I am of a nationality that does not have a backlog for EB3 2) When can I switch jobs without having to start all over again? Thanks a l…
1) It's taking 4 months or so to get a PW determination from the DOL and then another 4 months or so to get a PERM approval (assuming no audit) from the DOL; and thereafter, it's a wide range, anywhere from 6 to 12 months to get the actual green card - but note that the processing times change all the time. 2) Although there are exceptions and nuances, a green card applicant is "portable" after the I-140 has been app…
Thank you Peter!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#59Any chance for EB3 green card for university drop outs? (assuming X years of studies finished and many many years of progressive relevant experience). Thanks so much.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#60I've heard that NAFTA provides an easier immigration process for employees in a NAFTA country (Canada or Mexico). How does that work, and what are the limitations and trade-offs of this method, if any?
The TN process can be very quick and easy but it's definitely getting a lot tougher and the outcome oftentimes really depends on the NAFTA occupation - some are straightforward and some aren't - and, as a general rule, it's easier to get a TN as a Mexican citizen than as a Canadian citizen.