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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

#64
Hi 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 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

#65
Hi, I am on H4 EAD and planning to start either C corporation or LLC with a little investment (personal). My EAD expires next March and I am not going to take any salary. My question is, if my EAD extension is not approved by next March(most likely the case considering the queue), can I still continue working for the company I incorporated? Thanks!

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

#66
US citizen here. How do I escape the dystopian hellscape that California and its politically connected tech companies are turning the US into? Lists of entrepreneur and investment visa countries with stable and less evil governments would be appreciated.

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

#67

How soon after an approved H1B can one start the green card process in current situation, especially with drastic increase in the wage requirements?

I know that Microsoft and Amazon start you on the process almost as soon as you land on American soil, but proberts will know more.

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

#69

I'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?)?

Yes. But she would need to be in the US in H-4 status for her to be able to file an I-485 application with you.

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

#70

Hi 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…

My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now.

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.

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