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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

#91

Post by ignawin »

Hi Peter,

my SO is going to the US to pursue her PhDs. She's on the F1 visa, so even as her spouse I would not be able to work there on F2 visa (if I understood it correctly). I am finishing my masters next June, currently working full time. Is it realistic for me to expect to get H1B as someone with only master degree and 18months full time work experience? Is the $130k/y limitation coming to force any time soon? Is EB1A something I should look more into?

I just started looking more into US visa, apologies if my questions are too naive. Thanks a lot for your input.

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

#92

Post by kobeya »

arikr wrote: post #56

I feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry. Is there any solution to this, or do I just need to accept that it's a part of it?

I am a US citizen and I feel unwelcome and uncomfortable when I interact with border guards. I know you all have it worse and I have rights that you do not, but I just want to let you know that it is a systemic problem not limited to immigrants. It's rooted, I think, in the power-trippy "respect my authority" culture that has permeated all American law enforcement.

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

#94

Post by Vrniles »

Hey Peter,

Thank you for taking the time to answer questions.

I am a Canadian looking to work full time in the US and was hoping to obtain a TN visa.

What would be the best possible way to achieve this.

Would it be better for me to first find a company interested in sponsoring me? I feel this would be ideal but may cause potential friction as it is more work on the employer.

Or would it be better to apply with an immigration lawyer such as your self? If so how much does something like this cost and how long does it take?

Sorry for the long winded question and thanks for your help!

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

#95

Post by proberts »

Vepe wrote: post #65
proberts wrote: post #55

Earlier quoted context omitted.

You might have multiple options such as an E-2 and an O-1 or even EB1A green card. Regarding your job flexibility, this will depend on the facts, how your job duties are defined, because you are broadly limited to doing what is represented in the O-1 petition.

Hi Peter and thank you very much! How strictly is the job duty limitation enforced and does it allow occasional exceptions that would be outside the job duty definition? Is having a wide job duty definition a hindrance for getting a visa?

Again, this is hard to answer in the abstract but for example, I see no issue with someone, who is an artist, getting an O-1 as an entrepreneur but as part of his or her job duties, doing artwork - but the artwork needs to be for the US company in your capacity as an employee of that company.

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

#96

Post by gtirloni »

Everything I read about US immigration seems to indicate it's next to impossible and unless I'm some kind of mythical "10x developer", companies wouldn't bother with the visa process. Is that accurate?

I have friends actively avoiding applying to US companies because they think getting a visa is impossible. What should I tell them? Is there a type of visa that's more friendly to foreign engineers?

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

#97

Post by proberts »

throwawayl1visa wrote: post #57
proberts wrote: post #47

Earlier quoted context omitted.

That doesn't sound right but it's likely that USCIS will consider you as subject to the lottery again because you never activated the H-1B.

Thank you Peter. If I go through the lottery again I may have 35% chance to get a new H1B and use it after Oct. 2018. Many companies wanted to hire me could not wait till then. I'm considering to get legal help to activate the H1B I'm going to get very soon.

That makes good sense.

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

#98

Post by proberts »

hakcermani wrote: post #51
proberts wrote: post #22

Earlier quoted context omitted.

As a general rule, USCIS's position is that you would need to go into the lottery again.

Thanks Peter. Would it be even worth applying for a transfer, and take a chance ?

That's really a personal decision but there's high risk that you'll have a problem.

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

#99

Post by kobeya »

on_and_off wrote: post #12

Could you elaborate on these misconceptions about the standards for extraordinary ability for O-1 ? I almost tried to get a O-1 but I was admitted in the H1B lottery. The criteria are indeed very opaque and you can read very conflicting accounts on HN and elsewhere.

Pretty much anyone with a Ph.D, core contributor to a major open source project, inventor of record on multiple patents, speaker at conferences, OR otherwise able to demonstrate that s/he is an expert in their field can get admitted on an O-1 visa, if they have good legal representation.
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