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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

#72
post #58

Hi Peter, I am Indian citizen on H1-B with GC EB2 priority date of 4/2011 and approved I-140. I've been with same company ever since in US. Is there a way to make my GC processing go any faster? A lot of my friends are in similar situation and are eager to star a company. Many thanks!

The only way is to "up" your green card application to an EB1A application. This is a high standard as you probably know but not unreachable by those with strong backgrounds. If you would like me to evaluate, send me your CV.

Thank you! I will be doing so.

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

#73
post #67

Hi Peter, Thanks for doing this. 1. Since premium processing for many H1B categories is suspended are tech companies looking to wait out 2 or so months to wait for the USCIS approval to hire an H1B(assume in this case that person cannot work on the receipt of the H1B application)? 2. What processing times are you seeing currently for H1B petitions?

Just a datapoint: I recently transferred while premium processing was suspended, and it took only about a month for me to get the approval.

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

#74
post #70

What advice do you have for someone who's on a H1B visa, wants to co-found a startup, incorporate it, work on it part-time until it receives VC funding, and continue working at their H1B "day job" in the interim? My understanding is that the H1B visa does not allow you to do any work for anyone apart from your visa sponsor. If a co-founder were to spend his evenings working on his startup which has been incorporated,…

It's possible to have two H-1B employers, one based on full-time employment and another based on part-time employment. This is referred to as concurrent H-1B employment and it requires two approved H-1B petitions.

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

#75

Hi, I am from India and I want to know the options that I have to come to valley. I don't have graduate degree but I have learned Computer Science from sites like edx and coursera. If needed I can pay a little fee on those sites and get the certificate of complications that they provide. What are available options? I really appreciate you taking time to do this ama. Thank you

Why don't you want to stay in India?

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

#76

Earlier quoted context omitted.

You might have to do some explaining but in my experience, when a marriage is legitimate, even if the couple is living apart, the green card application always gets approved.

Wouldn't the wife have to move to the US within six months once she's approved for the green card?

I recently learned about "commuter" green cards, which let folk live in Canada or Mexico: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0...

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

#77
Is there a firm near Mountain View you would recommend to consult about specific cases?

I am an American citizen considering marrying a foreign national who has a F-1 visa and would like to know more about the process of applying for permanent residency.

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

#78
post #73
post #67

Hi Peter, Thanks for doing this. 1. Since premium processing for many H1B categories is suspended are tech companies looking to wait out 2 or so months to wait for the USCIS approval to hire an H1B(assume in this case that person cannot work on the receipt of the H1B application)? 2. What processing times are you seeing currently for H1B petitions?

Just a datapoint: I recently transferred while premium processing was suspended, and it took only about a month for me to get the approval.

That's right, regular processing of H-1B petitions oftentimes is not taking as long as people initially feared. In my experience, they are getting reviewed within 2-3 months, sometimes less.

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

#80

Is there a firm near Mountain View you would recommend to consult about specific cases? I am an American citizen considering marrying a foreign national who has a F-1 visa and would like to know more about the process of applying for permanent residency.

I'm not here to plug my firm but we're in MV as well but there are a lot of really good immigration attorneys in the area. If you would like some recommendations, email me offline.
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