I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
61–70 of 291 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#62Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#63Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#64Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a huge backlog of visas to issue, so assuming the proclamation is not extended, it seems the time-limiting step will be getting an appointment. It is our understanding that until then, she cannot leave the country without risking her employment, as she may be unable to return to the U.S. for six months or more (which violates the conditions of the H1B).
I have two questions:
1. Is our information correct? We have found conflicting information from "official" sources (universities, lawyers, ...)
2. I understand the desire to prevent abuse of the H1B system. Is there some way in which these travel restrictions on active H1B holders prevents abuse? We're both very frustrated, but the worst part of not being able to see family is that there seems to be no logical reason for it.
Thanks in advance.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#65Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#66Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#67How soon after an approved H1B can one start the green card process in current situation, especially with drastic increase in the wage requirements?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#68Can an employee on EB green card leave their sponsoring employer to start a PhD in the US and keep the GC?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#69I'm working under H1B. My PERM has been approved and I'm waiting to apply for i140. I'm getting married in few months (my to-be spouse is outside US and doesn't have a visa) and I want both of us to get the green card together. Is it OK to start the i140 process without getting married and add my wife's name when filing for i485 (after wedding in few months?)?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#70Hi Peter, Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a…
Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.