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

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

#1
I’ll be here for the next 2 hours and then again at around 1 pm for another 2 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

Previous threads are here: https://news.ycombinator.com/submitted?id=proberts. Email is in my profile and you are welcome to get in touch!

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

#4

How have the changes by the Trump administration made it more difficult, if at all, for tech companies to hire and get visas for foreigners? What are the biggest takeaways founders should know? Thank you.

Along those lines, is there a tipping point where things get bad enough that you start simply working in another country or countries to sidestep some of those issues? Are we anywhere near it? Doesn't seem like it right now - but what might be some of the triggers for it?

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

#5
Hi 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 lot for doing this, Peter.

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

#7
post #2

what nationalities do you have the hardest time getting visas for? what is your success rate with getting H1B vs O1 visas? How long does the process take for an O1?

I really don't see any variation among nationalities. It's really less a question of nationality and more a question of the location of the Consulate - certain Consulates, particularly those in the Philippines and India and now London more and more, have a relatively high denial rate. Our success rate is still high but, like all immigration lawyers, to get there we're having to battle more and more, particularly in the H-1B context, on oftentimes ridiculous issues. With premium processing, an O-1 will be reviewed within 2 weeks; without, anywhere from 2 to 5 months.

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

#8

Has Trump's crackdown on H1Bs made it harder for H1B holders to transfer jobs, or made H1B candidates less desirable? I've heard anecdotes of USCIS cracking down on companies with > 15% H1B workers.

I can't answer the second question but I would assume that it follows from the first - and the answer is yes, absolutely; USCIS is giving no deference to prior approvals and, it seems to me, looking to find reasons to deny H-1B petitions rather than adjudicate them on the merits.

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

#9
Hi Peter, Thanks a lot for this initiative :)

I am a 28 yr old Software Engineer working in India (Citizenship - India, unmarried). Have around 3 years of experience in IT. My father is a GC holder & he has filed a family based petition for me. My priority date is Nov 7, 2017. Actually, my father was going to wait till he was a naturalized US citizen & then file for my petition, but Trump's activities (cutting off legal immigration by > 50% - RAISE Act) alarmed him and he got in touch with his attorney over my case the very next day.

So, my question here is - 1) Should I go for Masters from USA? Will it help me in getting GC early? If yes, how early? (I am really keen on completing my Masters from USA, since I would like to be exposed to US way of education - mostly in Artifical Intelligence)

2) Will Trump do something that may deter the petition my father has filed for me? What are the chances, in your opinion?

3) I am going to initiate Canada PR process next year. Would Canada PR brighten my US immigration chances in any way imaginable?

4) I fared quite dismally (7 yrs for a 4 yr course) in my bachelor of engineering course, but final year marks are good and gradually got a job and am doing well now. Would Bachelor of Engineer academic grades hamper my US GCpetition in any way imaginable?

I really appreciate you answering so many questions here. Would be much obliged if you answer mine too.

Sincerely,

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