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

• ragar90 6y ago
  I'm a co-founder of Startup that is operating in the US for the last 5 years, we started it with my other co-founder (who is a US National)while i was on J1 visa, my visa expired and i had to come back to my country luckily for me i am the technical founder so most of my work can be done remotely, how ever we've been thinking on my relocation but we do not know the steps to follow can you give us any advice or resource we can follow?
• Sodman 6y ago
  Hi Peter, Do you have any advice for what folks should be looking for when choosing an immigration attorney? Are there any reputable lists you could recommend? It seems like there are a lot of horror stories out there, but for the average person it feels like picking an attorney is something of a dice roll
• thrwwyrbrts010 6y ago
  I have a question about EB-2 NIW. I have a Ph.D. (Elec. Eng.) from a non-U.S. university and have lived in the U.S. on a J-2 (dependent) visa; my spouse was working as a researcher at a U.S. university. During that time, I worked (on an EAD) for a U.S.-based R&D company, serving as a principal investigator on Govt. (DoD) funded research projects. I have publications, have served as reviewer for intl. academic journals, etc., but have not won any internationally recognized prizes. (1) Given my background, do I currently stand a chance of getting an EB-2 visa via NIW? (2) Would it all come down to the letters supporting my applications? (3) Does my prior J-2 status (2-year home stay requirement; visa expired 1.5 years ago) have any effect on possibly getting an EB-2 visa via NIW? (4) Would the prior J-1 status of my spouse affect her ability to join me on an E-21? (5) Would applying to the Diversity Visa Program interfere with also applying for an EB-2 visa via NIW? Thanks!
  • yandie 6y ago
    My friend who was on J2 had to leave the US for two years despite having his EB2-NIW i140 approved. You cannot escape the 2 year home country requirement. You can apply for i140 but you can't get the green card/immigrant visa until you satisfy it.
    • d1zzy 6y ago
      I was able to get a waiver to the 2 years home residency requirement. Since my position wasn't sponsored by my home country I went with the "NO OBJECTION" route. The US part of it went very smooth, it was my home country part that required to demonstrate, to my home country government, that they hadn't payed me to come to the US (lol). But other than that the process was easy and worked fine.
      • yandie 6y ago
        Yeah I should add the waiver footnote around J2 requirement. This depends on countries - my friend's one is very strict so he couldn't do anything.
        • thrwwyrbrts010 6y ago
          My spouse's and my country of citizenship are not the same - I wonder if I (as J-2 dependent) require a letter of no objection from my country of citizenship, or if it would have to be from the country of citizenship of the J-1 holder.
  • gamechangr 6y ago
    No way to side step the 2 year requirement, many have tried.
  • d1zzy 6y ago
    Depending on the conditions of your spouse's J-1 (if they were sponsored by the home country, etc) you may be able to get a waiver to the 2 year home residency requirement, see the "waiver" question here: https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html https://travel.state.gov/content/travel/en/us-visas/study/ex... I successfully got a "no objection" waiver.
• yousifa 6y ago
  We’ve used Peter and he & his team are GREAT! Background: They worked on an O-1 for one of our employees.
• krekala 6y ago
  I am working as a software engineer on a H1B. I am working on a side project and want to start a startup with this idea in the near future. what is the best way to do it?
• tempacct0623 6y ago
  I am a software engineer at a large American software company on TN status. Previous to the pandemic, I was living and working in the Seattle area, but since March I have been working from Canada. Due to various ties I have been maintaining (even before the pandemic) tax residency in Canada. Are there any issues with my setup that I need to dig deeper about with a tax professional?
  • jbay808 6y ago
    IANAL, but I recommend that you keep track of how many days you were in the US each month, and how many of those days were for work. It's likely that an accountant or tax professional will ask you for that information to support your claim of tax residency in Canada.
  • lhorie 6y ago
    According to my company, this arrangement has - quote - "severe tax implications" not just for you, but also your company, so make sure they are onboard with the arrangement. In the most basic terms, the problem is that some tax is withheld (i.e. paid to the tax agency by your employer in advance on your behalf), and that must be done in the appropriate country.
• tpmx 6y ago
  Have you seen a change in the number or typical backgrounds of professionals wanting to migrate into the US this year compared to last year?
• kedarpal83 6y ago
  How long before I can submit a case status update request? Uscis site says not to ask before a certain time. I’m already on PLOA (personal leave of absence) without pay. Should I wait another 3 months before inquiring?
• eevmanu 6y ago
  Hi Peter, Thanks for this AMA. What do you think "remote SW Eng around the world" (non US citizens, non US residents and NRA - non resident aliens) COULD/SHOULD do to make the process easier to be hired from US companies or startups? (question is more oriented to legal or tax liabilities and work permissions than meet all technical requirements from job offers) EDIT: work directly to those companies (as a contractor or, if possible and viable, as an employee - with benefits), not through intermediaries or as a SW shop (B2B deal)
• jl108 6y ago
  Hi Peter, I'm sponsoring my wife's green card and we're pretty type A and have filled out all the forms and gathered copious evidence of relationship, evidence of financial sufficiency, etc. But we're worried about the current political climate and are considering working with Fragomen just to de-risk. We've heard the current administration is rejecting applications for every little reason (e.g. field that should be marked n/a is left blank, etc). Do you have any advice on this? Thank you so much for what you do.
  • fitbitq 6y ago
    Greencard for a wife should not be an issue. Tip for the pro: if you don't have a middle name, write N/A and not "none". Source: me. I became Michael N. Familyname
    • mmaunder 6y ago
      I can do one better. I misspelled my own middle name - Donovan instead of Donavan as it appears on my birth certificate. Delayed my application by a month or two. Could have been way worse if the process wasn’t fairly quick back in 2004. (My wife was born here and I’m from South Africa)
    • outworlder 6y ago
      Should have written "Not Sure"
  • ayberk 6y ago
    Please don't even consider Fragomen. Ask any Amazon engineer and they'll tell you the same thing: do not ever work with Fragomen. I personally had to talk to my manager and hire my own lawyer instead of working with Fragomen after countless delays and mistakes. They don't care about you or your case at all and the paralegals are outright incompetent. You don't really get to talk to the lawyer a lot anyway. I'd go with a local smaller firm if I were you. If you're in Seattle area, I can recommend "MacDonald Hoague & Bayless". I personally worked with "Lola Zakharova" and she was amazing.
    • 6y ago
• AlastairClarke 6y ago
  I'm an immigration attorney in Winnipeg (Canada). I just want to applaud all the work you are doing. Challenging times!
• rememberlenny 6y ago
  Thank you for taking time to do this! All of the responses are really great. Can you share why some companies may split stocks 51/49 between two founders, instead of 50/50?
• holidayacct 6y ago
  I'm a child of an immigrant, do you know when the bar for citizenship was lowered to the point where some of the recent immigrants border on mental retardation? I'm not trying to be xenophobic or racist. I'm being literal, I keep running into people who have been let into the country and don't have any knowledge or skills to offer anyone and they are working in technology. The bar for actually getting into the country used to be much higher and I'm struggling to find out when this happened.
• hakkasan 6y ago
  Are Greencard applications with submitted I-485 prior to COVID being processed right now? Any idea of what the throughput looks like?
  • immigration311 6y ago
    We just had an I-485 interview recently for a pre-COVID application. Our first interview was cancelled after they scheduled it as COVID started. I believe throughput depends on location.
  • lhorie 6y ago
    I filed mine in Feb 2 2020 from San Francisco (via Fragomen) and received the I-485 approval notice this week. Biometrics appointments were halted through most of march through july, but they've started taking in applicants again since then.
• taimmigration 6y ago
  Hey Peter, thanks for doing the AMA. I have an I-485 portability rule question. I know the official minimum for an I-485 pending application to be portable is 180 days, but I was wondering, if there is a way for people losing their jobs before the 180 days are up, to keep the application, employment authorization (EAD), and Advance Parole pending and and port over to the next employer past the 180 days (not all of them spent with the petitioning employer)?
  • proberts 6y ago
    The short answer is yes but there are some complications/conditions.
• billyzs 6y ago
  Hi Peter, if H1B holders who obtained work authorization in 2019 becomes full time student to pursue a MSc for 2 years, graduates in 2023, will that work authorization still be valid for them and allow them to seek employment in the US in 2023? Does it matter if the study happened in our outside of US? Thanks!
  • proberts 6y ago
    As a general rule, they would not be subject to the cap again and could be sponsored by and start working for a new H-B employer at any time.
• Technologix 6y ago
  Hi Peter, thanks for doing this again. My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport. Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions? Thank you!
  • proberts 6y ago
    Yes, departure (to Mexico, etc.) and reentry with both passports is a good option.
    • proberts 6y ago
      We've had many clients do this successfully recently.
  • titanomachy 6y ago
    Note that Canada is unlikely to let you in right now, unless you are a citizen or permanent resident of that country. https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#exempt https://www.canada.ca/en/immigration-refugees-citizenship/se...
    • lhorie 6y ago
      Another thing worth noting: When you show up at a land border, you technically exit the US. Likewise, when CBSA turns you back, you'd be re-entering the US and going through US CBP. So for purposes of updating a US visas, the current ban is not relevant if you present at a land border.
      • nrmitchi 6y ago
        That's technically true, but in the future I believe it also means that you have officially been denied entry to Canada, which could come back to bite you in the future (as silly as it is). It also runs the risk of Canada not letting you in and turning you back, and then the US not letting you in (if they decide your status, O-1 here but often would be TN, isn't valid, or for whatever other reason), and you.... get stuck in no-mans-land? I've always legitimately wondered what happens in that situation. If you do happen to be a citizen or permanent resident of either Canada or Mexico, it would be safest to do your border-trip at your home-country border. _Update_: Did some real quick research, and it appears that for US/Canada at least there are agreements in place that if one country rejects your entrance (at a land border) from the other country, the other country must take you back, but could find you inadmissible and put you in immigration custody pending removal. Fun times.
• gabehcoud 6y ago
  Hi Peter, thank you for this. I am a mexican software engineer on TN visa and was wondering what do you think may happen to that visa category as well as other potential options in the case of a failed H1-B application. Any opinion on whether or not there will be a merit-based immigration category similar to one proposed by the RAISE act?
  • nonplussed 6y ago
    TN visa will not be affected. It's in place due to the NAFTA trade agreement between Canada, US and Mexico. Despite all the rhetoric from Trump about cancelling it, it was renewed a few years ago without any, or possibly only minor, changes to the TN visa. So that category should be fine for the foreseeable future.
• princevegeta89 6y ago
  Thank you for hosting another session Peter. I'm an Indian H1-B guy working on an MVP with a green card holder here in California. I'm working for an employer right now, but really willing to jump on my project full time if it shows promise. We're not going to make any income from it until we raise money from VC's so I assume it is safe to keep doing this? Also, when the time comes, how do you suggest that I jump on it? There are a few options I have: - Found a company but be a salaried person on payroll, along with a risk of being "fireable" - Go with "Unshackled", who would take care of everything for me. Are there any drawbacks with this method that you foresee? - I also have an option to move on to H4 EAD, but I'm worried because of the flaky nature of this status. Can you provide some thoughts on these and weigh in on the different gotchas and pros/cons involved? Thanks a ton!
  • proberts 6y ago
    Broadly, there are two challenges: building a company without crossing the line into unauthorized employment and getting authorization to work for a company you founded/own. Beyond not getting paid, the line mentioned above is a grey and nuanced one; the very general rule of thumb is that its time to get work authorization when the side project is no longer a side project. The work authorization options are the H-4 EAD, as you note, which almost certainly will remain untouched if there's a change in administration, a concurrent part-time H-1B, which would allow you to continue working for your current H-1B employer, the O-1, a high standard but ownership and control are not really issues, and the H-1B, with ownership and control stumbling blocks.
    • princevegeta89 6y ago
      Thank you! This is much helpful. Can you provide some insight on Unshackled as well if you don't mind? I don't know anyone who has had a first-hand experience with it so I was just wondering.
• sb2nov 6y ago
  Hi Peter, What are ways for someone on h1b to start a company they want to bootstrap. My co-founder is a US citizen but how do the new salary changes affect how much money we need to pay to keep the h1b valid.
• tupputuppu 6y ago
  Is the increase in salary requirements that Trump has proposed happening or not? Do we have any idea what 2021 looks like for work visas?
• askjdlkasdjsd 6y ago
  Hi Peter, thanks for doing this again. I'm a startup founder from India who'd love to learn more about how to gain access to US capital markets and startup ecosystem. (e.g. Annual VC deal volume in US is typically 25x that of India). I'd love to know what you think are some practical ways of going about this, any common gotchas etc.: 1. Opening a delaware c corp via stripe atlas, any common mistakes you've seen? 2. For a small bootstrapped business (<$100K ARR), are there any realistic ways for the founder to immigrate to the US? (mainly to access a better ecosystem, community) 3. For setting up a remote team: Say that I keep the tech team in my home country, what's the best way to, for example, set up a sales team in the US? (common use case for B2B SaaS)
  • reviel 6y ago
    if you're looking for a less expensive option - check out Blook.io - we help global founders register their businesses in the US and provide a free EIN/bank account :)
    • csomar 6y ago
      You have an asterisk next to the bank account and yet you provide no details on the website. I'd say most people are doing this mainly for the bank account (and payment processing). So you might want to expand on that in the website to avoid me sending you an email to ask about it.
      • techsupporter 6y ago
        FWIW, I found the asterisk reference here: https://www.blook.io/pricing https://www.blook.io/pricing > *We are not responsible for the bank account approval. We facilitate and expedite the process as partners for our clients. Mercury works with FDIC-insured banks, including BBVA Compass, Member FDIC, and Evolve Bank & Trust, Member FDIC, to store your deposits. But I agree with you, I should not have had to go digging to find it on an arbitrary page hidden under yet another "click here to expand" block.
    • askjdlkasdjsd 6y ago
• fvannes 6y ago
  Hi Peter, Thanks for doing this. Do you think it is likely that the new H-1B rules will be struck down in court? Also, I am currently on the OPT STEM extension, and will be putting in my third and final H-1B application in 2021. The new rules seem incredibly restrictive. My current salary puts me at the level 3 prevailing wage for software engineer in my area. The new rules would require a ~30% raise in order to qualify for the H-1B. Can my employer re-classify me to a level 1 prevailing wage worker before my H-1B application so that I can qualify? For context, I graduated with a bachelors degree in computer science from a US university in 2018. I ask, because I work for a startup that would struggle to justify such a large raise. Thank you
• ebadder 6y ago
  Hi Peter, Thanks for this AMA. I have an L1 visa but was out of country and couldn't return and lost my job in April. Now I am being offered the same job again in January 2021. 1. Can I re-enter the US in January 2021? (my visa doesn't expire till later that year and I plan to file an extension). 2. Can my company file a greencard application on my behalf as soon as I enter the US? (I have asked for it as a part of my compensation package and the company will likely agree). Thank you again for your time.
  • outworlder 6y ago
    > Can my company file a greencard application on my behalf as soon as I enter the US Not a lawyer but having been there... please do this. That goes for anyone else reading this as well. There isn't really a waiting period as far as I am aware. Companies take their sweet time because there's no incentive to do otherwise. Even if you are not from the two backlogged countries, a successful application will most likely take years to complete. In the mean time, you would be dealing with the stress of the concurrent L1 or H1 extensions, which have become much harder lately, are RFE-prone and sometimes you get crappy 1 year extensions. Another thing to note, specifically for L1: you need to prove you have company-specific skills that can't be found elsewhere, which is why they need to transfer you. That's different from H1, where you need to prove you have skills that can't be easily found in the workforce, but they don't need any company-specific knowledge. But, for the PERM process, you have to prove that you have skills that are difficult to find in the broader US labor pool - and generally, that you had those skills before you were employed by the company (because, if you didn't have them, it means that they could hire a US worker without those skills and train them, just as they have 'trained' you). In fact, they will ask how long would it take to train a worker on your 'skill' level. So you can see how the two skill sets (for L1 and PERM) don't overlap and how complicated the application can get. Another reason why you should start early.
• hrajagopal7 6y ago
  Hi Peter - I am working for as a Data Engineer through a contracting agency and got my H1B approved for 3 years this year. The company I am working with is willing to convert my employment to full time but that requires a H1B transfer. I looked at my approved LCA yesterday and it says Market Reaserch Analysts and Marketing Specialists. I understand the transfer will be to a Software Developer Application SOC. How can I avoid/anticipate and respond to H1B transfer complications i.e RFE and Rejections and Does it help for me to wait until the elections are over. Thank you so much for doing this.
• stormborn_d9 6y ago
  Hi Peter, Immigration being one the most convoluted laws to declutter, really appreciate you taking out time to answer some of our questions. What would be the best way for someone holding a H1B visa to startup in USA? what are the legal complications one must be aware of? Does partnering with American citizen make it easier? Also, being a software engineer does the current employer have claim on your idea even if it is out of domain of employers market? Any resources would really be appreciated. Thank you.
  • outworlder 6y ago
    > What would be the best way for someone holding a H1B visa to startup in USA Best way would be to get a green card or change to another visa. H1B won't let you do this.
  • meetapoorvgupta 6y ago
    This book might have answers. https://www.amazon.com/gp/product/B08GZPBFPH/ https://www.amazon.com/gp/product/B08GZPBFPH/. Disclaimer: I haven't read it yet.
• ta1602267597 6y ago
  Hi Peter, Not exactly immigration, but it does say "AMA" . My company recently announced a leadership training program in an opt-in basis exclusively for only black or latinx employees. (White, asian, and other racial groups were warned not to signup or "identify as" the allowed groups). This leadership training will focus on career development aimed to ensure their promotions (career development). Despite interest , ability, and potential need for the same help, others are being excluded. Is this legal? (in California)
  • tonyztan 6y ago
    https://www.dol.gov/general/topic/discrimination/ethnicdisc#:~:text=Title%20VII%20of%20the%20Civil,religion%2C%20sex%20or%20national%20origin https://www.dol.gov/general/topic/discrimination/ethnicdisc#.... https://www.eeoc.gov/prohibited-employment-policiespractices https://www.eeoc.gov/prohibited-employment-policiespractices https://www.eeoc.gov/filing-charge-discrimination https://www.eeoc.gov/filing-charge-discrimination
• proberts 6y ago
  Good afternoon. My apologies for the delay in answering all your questions. I'll do my best to respond to them all before the end of the day.
• deleted 6y ago
  [deleted]
• wuschel 6y ago
  Hello Peter, many thanks for taking the time to answer our questions! Q1) What are the options for an EU freelancer (geographically based and registered in EU e.g. Germany, France, Poland) to contract with an US based company via homeoffice?
  • raverbashing 6y ago
    That's not an immigration issue, that would be more of a contracting issue and then making sure you're filling the requirements in the country you're in.
• synfonaut 6y ago
  What's the best way for a hacker to understand legal requirements? I'm building in crypto, where KYC/AML become the primary challenges for building interesting things, the tech is the easy part. I typically bootstrap, try to find product-market fit, then grow. But with the legal challenges, it significantly raises the barrier to entry. As someone who is a project-based learner, used to diving into the deep end, and figuring everything out — what's the equivalent of that in law? Reading old cases? Reading guidelines from the government? With tech so many people say things that aren't true, then you can go try them for yourself and verify — how do you do this in law?
  • mLuby 6y ago
    To confirm that your software works, you test it on a computer for $1. If you're wrong, you've wasted a few minutes of dev time and electricity. A programmer can often point out problems before you run the code. To see if you're complying with the law correctly, you test it in court for $10K. If you're wrong, you may be fined or imprisoned. A good lawyer can often point out problems before you go to trial. As long as the law "runs" on the minds of judges and juries, it'll be unpredictable. (Bonus: To see if your cure for cancer works, you test it in clinical trials for $1M. If you're wrong, people may be harmed or even die. Testing on animals can often point out problems before you use it on humans.)
• yamak 6y ago
  Hi Peter, thank you for taking the time to do this. I'm a Master's student on an F-1 visa thinking about starting a company in the US. I previously did my undergraduate degree here as well. 1. Are there any restrictions to doing so while still a full-time student? E.g. would I be able to form an LLC while still a student? 2. Is there a way to use the STEM extension if you are self-employed? I've seen contradictory information on this. 3. If the answer to 2. is No, what would be the best visa to try to transition to after the first 12 months of OPT? O-1, E-1, or H1-B? Or something else entirely?
• dmode 6y ago
  Hi Peter - based on October bulletin, the filing dates for India moved rapidly to 2015. My priority date is in 2013. What are benefits of this movement ? What will I gain by filing the I-485 ?
• dinvlad 6y ago
  Hi Peter, do the latest bulletin requirements apply retroactively to existing valid H1B status holders located in the US, or only to the new petitions? Thank you!
• dr_dshiv 6y ago
  What's the deal with L1 visas? If a US C Corp owns an Indian business for 5+ years, can the employees come to the states to work? Is this smart strategically to work towards?
• villnn 6y ago
  Hi, I'm graduating next spring with a B.S. in Physics/Computer Science and currently have work authorization through DACA. With the recent challenges the current administration have imposed on DACA it's not clear what will happen with DACA in the next year. Do you suggest I seek an employer that can sponsor for h1 visa? Are DACA recipients eligible for h1 visa? Are there other pathways you suggests I explore?
• elantis 6y ago
  Hi Peter, I understand that E-3 visas for Australians are easier to obtain than other types of visas. In your experience, does this mean startups will welcome applications from Australians where the job advert does not mention visa sponsorship? Or should we only apply for jobs mentioning H-1B etc? Thank you very much for your time.
• m1117 6y ago
  How can a US non profit conduct activity outside the US?
• oneplane 6y ago
  Why is the system setup in a way that you only have (marginal) success if you spend an inconsiderate amount of time, energy and money, with a third party, to do something that should technically be beneficial to both the country and the immigrant? It seems rather contradictory.
• math 6y ago
  Would the proposed upcoming changes to the H1-B visa also apply to the E-3 visa (which is closely related) https://www.federalregister.gov/documents/2020/10/08/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program https://www.federalregister.gov/documents/2020/10/08/2020-22...
  • proberts 6y ago
    E-3 visa applications are subject to the same prevailing wage requirements and it appears that the government is going to tighten the E-3 visa requirements and process, which to date have been much easier than the H-1B visa requirements and process.
• jerryseinfiel 6y ago
  Hi Peter, You mentioned the prevailing wage update affects people renewing visas. Would you please be able to elaborate on that and the "field of study" change? 1.) Is there a guide to figure out which level you fall under? 2.) Lets say based on my years of experience (4 years + MS), I qualify for level 4, does that mean if I don't have base salary of 217,000 in NYC, then I am not able to obtain a H1B? 3.) If you have a related degree like analytics or data science, are you eligible to work as software engineer or has that become invalid? 4.) How long is this expected to run its course if no litigation or no other outside force provides adequate changes?
  • proberts 6y ago
    (1) Yes and I'll forward it shortly. (2) Yes. (3) Possibly but these petitions will be scrutinized even more closely. (4) I'm not sure what you mean.
    • jerryseinfiel 6y ago
      Thanks Peter for the prompt responses! For (4), I guess I am asking are these changes permanent? Or are they a temporary change (e.g. only valid until end of 2020 like the visa ban that the Trump admin had released earlier this year).
      • anirudhan 6y ago
        I am in similar situation as you but based out of Bay area. How were you able to find out your level?
        • jerryseinfiel 6y ago
          https://www.flcdatacenter.com/OesWizardStart.aspx https://www.flcdatacenter.com/OesWizardStart.aspx
• zachary-etomon 6y ago
  Hello, I have a co-founder who returned to his native China after his visa expired. I was wondering, would it be difficult to get an O-1 visa in this current legal climate? Thanks.
• milani 6y ago
  Does YC invest in startups that have Iranian citizens as co-founders? Are there any limitations in accepting those applicants?
• Axel_Nonguierma 6y ago
  Hello We are a startup based in Sénégal West Africa, our mission is to facilitate access to online services in Africa for people who don't have bank accounts or prepaid cards. All the companies we've reached out to in order to get a virtual card issuing API only work with business registered in the EU or US. We're thinking about registering our business in the US through Stripe Atlas just to get access to an API. We need your advices please !
• terio 6y ago
  I acquired my citizenship through the Automatic Acquisition of Citizenship after Birth (INA 320), less than 18yo, living in the US with my American father. That was about 8 years ago. At that time I only requested and obtained my passport and that's the only proof I have of citizenship. Do I need to also obtain a certificate of citizenship? If so, would my American passport suffice to prove my citizenship when requesting the certificate of citizenship?
• mucholove 6y ago
  Question: does running a US company from abroad (such as one opened via Stripe Atlas) affect a later entry into USA?
• arcticbull 6y ago
  Peter you're probably gone but if someone else knows, is it possible to have a gap in employment between your previous and new jobs when doing an AC-21 port? As always, thank you for your time.
• raullen 6y ago
  This thread demonstrates how little people care about their privacy...
• rjpn 6y ago
  Hi Peter, Thanks for the AMA. I am on H1B visa with I-140 approved. My country of origin is India and I am on EB2 category with long wait times. If I happen to move back to India, will I loose my I-140? I am planning to move back to India and work on a startup but want to see if I can keep my I-140 if I happen to come back to US after few years.
• sbastidasr 6y ago
  Hi Peter! Thanks for doing this. I am getting an H1-B soon (in october) is it possible to apply for a green card immediately after entering the country and starting my new job? Thank you!
• gmanis 6y ago
  Hi Robert, Thank you for doing this. My questions is if someone didn’t use their initial H1B (1.5 years left), and left US for like 10 years, can they still use that without having to go through the process from scratch ?
• zaphod21 6y ago
  I‘m an economics student from Germany. My plan for the future is to do a masters in CS. One day I want to work in the US tech industry. I‘m not sure yet if I will do my masters in the US or in Germany. In Germany higher education is free, but if studying in the US would help with getting a visa (and later GC) it would be worth it for me. Do you think that studying in the US increases my chance of a visa, and how likely is it that I get one with a econ BS and an computer science MS?
• ReFruity 6y ago
  Is it possible for a russian citizen to apply online for a job in american IT company? I ask because for example amazon doesn't accept online applications because of Russian Server Localization Law [1] [1] https://www.amazon.jobs/en/landing_pages/russian-candidates https://www.amazon.jobs/en/landing_pages/russian-candidates
  • kyboren 6y ago
    This situation looks absolutely absurd to me, but it does appear that you can send an application by fax. There are plenty of services out there that will allow you to send a fax from a web browser. Keep in mind that most American companies do not operate in Russia and have no Russian nexus, and so have no exposure to that law. I expect that you would have no problems applying online to most American jobs.
  • proberts 6y ago
    Unfortunately, that's not really an immigration law question so I don't know the answer.
• cvhashim 6y ago
  A bit of a basic question but, if an individual working in the US on an H1B Visa decides to marry a US Citizen, how will it affect their job status? Will they have to quit their job, go back to their country of origin and return to the US on a Marriage/Fiance visa once that process is approved?
  • sushshshsh 6y ago
    Hi, my wife and I are going through this right now, and so far she has submitted her paperwork and continues to work on H1B until receiving an approval from USCIS. I'm American and she is Chinese. Good luck!
  • nodpekar 6y ago
    I did this. I was on H1B and wife is American. For starters, you don't have to leave the country for anything. You and your wife will apply for Green card and Change of status. But this is after marriage.
    • beagle3 6y ago
      You actually can't leave the country after filing for the GC, unless you get a special travel waiver (or your GC request will be considered abandoned). Anyone in this situation is strongly encouraged to consult an immigration lawyer and spend the time to give them all the information you have, and listen to all the caveats they list. Yes, it will cost you a kilobuck, but potentially save you a lot more kilobucks, a lot of time and a lot of anxiety.
• pratheekrebala 6y ago
  Do you have any thoughts on how the October bulletin might affect folks on cap-exempt visas? (non-profits, academia etc)
• vladmk 6y ago
  How does the US compare when it comes to other countries when it comes to recruiting top tier foreign talent? Would love your opinion here on what we would need to do to improve
• yawnxyz 6y ago
  Hi! My co-founder and I are thinking about incorporating a startup in the US. I'm American but my co-founder is Canadian. We've looked at options under NAFTA / TN visa and others, but that doesn't seem to apply to startup founders. We're also flexible on structure, and leaning on an LLC taxed as S-Corp to make it easy for us for filing. We are a research-based startup and are planning to apply for NSF SBIRs (so we need to be 51% US-owned) and not necessarily raise money at the start. Do you have any thoughts on our case? Or do we need to go the H1-B route for her as a co-founder? Thank you in advance!
• dreamer777 6y ago
  I have DACA. What can and can't I do when starting a business in the U.S? What's the best path to citizenship?
  • deleted 6y ago
    [deleted]
  • morpheuskafka 6y ago
    [Not OP, NAL] - If you have an EAD, you can legally start your own business or work for any other business. So you can work as sole proprietor or work for a corp or LLC that you own. The path to citizenship would depend on how much money you have to invest (if you have or can get a lot), what your county/ies of citizenship are, and how long you have been here between turning 18 and getting DACA status, among other things. OP can probably provide a better explanation.
  • somurzakov 6y ago
    marrying a citizen
• sidyapa 6y ago
  Hi Peter! If YC accepts a company from a south asian country like India and the founders decide to relocate their company to the US, what does the visa/immigration process look like for them?
  • proberts 6y ago
    For those participating in accelerators and incubators in the U.S., the B-1 visa is the default option but this visa doesn't allow the founder to be compensated, only reimbursed for his or her reasonable business and living expenses.
• vowelless 6y ago
  What is special about the October Visa bulletin?
• johmathe 6y ago
  We just hired someone with an h1b that was approved in premium processing in June. How likely is he to be able to come in January? He currently lives in Ukraine and will need to do his embassy appointment there. Thank you for doing these Peter!
• uzakov 6y ago
  Hi Peter! What is your advice on finding a good attorney in general (not just immigration one)? Thanks!
  • proberts 6y ago
    Go through an experienced attorney you trust. It's pretty easy for attorneys to find good attorneys even if outside their area of expertise.
    • uzakov 6y ago
      In my case there is no "experienced attorney I trust", are there any tips you can share?
• say_it_as_it_is 6y ago
  Considering an entire industry exists to help corporations and individuals avoid paying taxes using "legal innovations", how difficult will it be for this niche industry to create a new legal entity that circumvents the H1B changes in the U.S? These entities probably already exist but just aren't widely understood. Are the H1B changes really just going to hurt the little guys?
• deleted 6y ago
  [deleted]
• idrios 6y ago
  I'm sure you saw the article recently about the H1B visa program requiring significantly higher pay for visa holders. How do you think this will affect current visa holders? Obviously it varies case by case but I'm hoping you'll have insight into this that I don't have. https://www.wsj.com/articles/trump-administration-announces-overhaul-of-h-1b-visa-program-11602017434 https://www.wsj.com/articles/trump-administration-announces-...
  • proberts 6y ago
    The higher prevailing wages don't impact the present wages of those currently in H-1B status; they will only apply to extensions and new filings.
    • ra7 6y ago
      It looks like prevailing wage data isn't available in flcdatacenter.com. Any idea if that's intentional or is it expected to be available sometime later? Thanks!
      • jayavanth 6y ago
        It's available now
    • deleted 6y ago
      [deleted]
    • everest_77 6y ago
      Just got informed of this change/regulation. My first extension after first 3 years of H1B is coming up next July. Do we currently know any ballpark numbers for the wages for the regulation?
• bluntfang 6y ago
  Is it possible to immigrate to a NAFTA country (Canada/Mexico) as a US citizen without changing your employment status with your US based company?
• Natsu 6y ago
  Can using the EIP cards count against someone with respect to the "public charge" rule or otherwise impact an I-751 filing in any way? Also, are there any other surprise rule changes that someone should know about other than the new thing where every field on an immigration form has to be filled out? See also: https://www.nolo.com/legal-update/uscis-means-it-when-they-say-fill-every-space-form.html https://www.nolo.com/legal-update/uscis-means-it-when-they-s...
• beowulf86 6y ago
  This isn't an immigration issue per se but we (early stage startup) were thinking of hiring an employee who will remain in their home country (Colombia) and work remotely until COVID concerns are far in the rearview. Do you know of any companies that we can use as a proxy or intermediary so we don't have to go through all the legal hoops ourselves? After some super quick research we found lano.io but would love some more recs if you (or anyone else) have some.
  • gogopuppygogo 6y ago
    Supreme Outsourcing should be able to help. http://supremeoutsourcing.com http://supremeoutsourcing.com Louis Lautman is best contact over there for help. louis (at) supremeoutsourcing (dot) com
  • morpheuskafka 6y ago
    If you are not going to be doing business in Colombia or otherwise have a presence there, you probably don't really need to worry about their laws. You just need to address non-resident taxation here in the US. I would suggest talking to a tax attorney or professional to double check, but normally, compensation for personal services physically performed in the foreign country is not considered US-source income. Same as if you hired him to go take some product photos in Columbia or do door to door sales or anything else. If that is the case in your scenario, this would be really easy and you would have virtually no paperwork or witholding requirements. So, it may be a lot cheaper to have an initial checkup with a tax specialist and then skip the ongoing expense of having a "proxy" company.
• kiliantics 6y ago
  Hello, thanks for doing this! I just got my H1B approval after being on OPT for the last couple years. Apart from obvious covid restrictions, am I otherwise still limited for travel because of the recent executive orders? Do you know when it will be possible to leave and re-enter the US? Also, now that remote work is common, I am curious if the H1B has requirements for time spent in the US, the way the green card does. I can't seem to find definitive answers about any residency requirements online. Are there any for H1B?
• ianhawes 6y ago
  What is your take on the advent of Boundless, SimpleCitizen, etc as tools for corporate immigration?
• jifii3 6y ago
  No question, just wanted to thank you for doing these. You've answered a question I had in the past and it helped a lot. Rock on.
• motohagiography 6y ago
  For founders and key technical talent outside the U.S. who did not finish their undergraduate degrees, are they in-effect disqualified from H1B and must go the route of an O visa? Given technical people aren't celebrities or sports figures, beyond conference proceedings, what were the kinds of evidence these kind of applicants presented in support of an O - or another type of visa?
  • gnorton 6y ago
    I am this person. Before the recent changes announced within the last few weeks, the general way this worked was 3 years of work experience == 1 year of degree. I had my work experience (including being a founder) independently evaluated by a recognized professor who attested to that fact and it qualified me for a H1-B. That said, the total sum of my industry experience at the time exceeded 12 years.
  • proberts 6y ago
    (1) No because their education and experience can be evaluated to be considered the equivalent of a bachelor's degree for H-1B purposes. (2) Publications, journal/conference paper review work or competition (hackathons for example) judging, original and significant contributions, and memberships (requiring outstanding achievements of members).
    • csomar 6y ago
      So if you don't have a degree but have a few publications (peer reviewed?) can they replace the degree for H1B and other visas?
      • dicomdan 6y ago
        No, education and experience.
• philipkiely 6y ago
  If you were to write US immigration policy (or, to narrow scope, US immigration policy for high skill workers) from first principles, what would it look like in broad strokes?
• yangikan 6y ago
  I got a birth affidavit from my parents because my parent's name was abbreviated in the birth certificate. This affidavit does not have parent's date of birth. Is that going to be an issue?
  • proberts 6y ago
    Where were you born?
    • yangikan 6y ago
      India
• Areading314 6y ago
  If somebody has renounced their us citizenship many years ago for the purpose of finding work abroad, is there any path for them to get it back?
  • morpheuskafka 6y ago
    [Not OP; NAL] - As long as the primary purpose for renouncing your citizenship was not to avoid taxation, there is no direct consequence for immigration purposes. You can visit as a nonimmigrant according to the same visa requirements and procedures as someone else from your own country. If you want to become a citizen again, you will first have to find a way to get an immigrant visa or come on a dual-intent route like H1-B. Then live here for five years and apply to naturalize same as anyone else. The good news is even if you moved to a country like China or India with extra wait times for visas, it won't affect you since you were not born there. There are a few statues that disqualify renouncees from certain benefits such as owning a gun, IDK if you can ever get those back.
• Trias11 6y ago
  For how long the one can keep green card without applying for US citizenship?
  • tonyztan 6y ago
    Lawful permanent residency does not expire. Green cards (which are used as proof of LPR status) expire, but you can keep renewing the card without applying for citizenship. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence https://www.uscis.gov/green-card/after-we-grant-your-green-c... https://www.alllaw.com/articles/nolo/us-immigration/failed-renew-green-card.html https://www.alllaw.com/articles/nolo/us-immigration/failed-r... However, if you do not apply for citizenship once you are eligible, you lose certain legal protections against employment discrimination: https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-related-employment-practices https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-r...
• ublaze 6y ago
  Hi Peter, Does the prevailing wage rule apply only to base salary or to total compensation? Do you think the new rules will be sued and blocked?
• deleted 6y ago
  [deleted]
• dilippkumar 6y ago
  Microsoft recently announced that their employees can permanently work from home. Several other companies have announced similar policies and this trend will likely become widely adopted very soon. So far, geographical proximity to a job has so far been an important factor for several employment based visa types like the h1-b. With this quickly changing, can you share some thoughts on how the diminishing importance of a physical work place and proximity to offices will impact various employment related visa types? Is there any indication that some guidance or rule changes to accommodate the changing nature of how we work will be considered any time soon?
  • dogman144 6y ago
    I'm sorry it's behind a paywall, but it's worth reading the following article that polls various CEOs across the usual industries/companies about their views on remote work. I think it's a good moderator to some of the news around MSFT as a lot of these are huge tech employers. https://www.wsj.com/articles/what-ceos-really-think-about-remote-work-11600853405 https://www.wsj.com/articles/what-ceos-really-think-about-re...
  • 29athrowaway 6y ago
    Timezone differences remain a problem.
    • PopeDotNinja 6y ago
      I’m a digital nomad who has been working from Pakistan for the past month for a USA East Coast company . Can confirm. 12 hour time zone difference is suboptimal XD
    • imhoguy 6y ago
      All other countries in Americas match the time-zones with USA. Also most are much cheaper for living and with easier imigration systems. And there is always an option to visit USA HQ on B-1.
    • baskire 6y ago
      And cultural. It’s non trivial to have a team working cohesively both in India and USA. Even between cities it’s difficult
• jacobriis 6y ago
  To what extent are the new rules (wage and specialty occupation) vulnerable to being overturned by the courts? Do knowledgeable people think the Biden administration would overturn these rules? Is it possible that approximately the same number of visas would be issued, just at the higher salaries?
• zinek 6y ago
  Hi Peter, thank you for doing this! I completed my EB3 GC interview at SF field office last week. In your experience, how long after the interview does it usually take to know the decision?
• xoail 6y ago
  Hi Peter, my AOS filing date is current as of October bulletin (India born). How crucial it is to apply for AOS asap compared to later? My employer's attorney is too slow and is flooded with AOS filing requests coz of this. It seems like it will be the in final days of October that they may get to my application. It is quite concerning for me. Should I look for my own attorney?
  • nixgeek 6y ago
    Do you already have an approved I-140?
    • xoail 6y ago
      Yes.
• bfieidhbrjr 6y ago
  Could you construct an "L1 factory" where you have a network of foreign companies where employees work, then after a year (I think the L1 minimum is a year employment?) they apply for L1s to come to the US and work under contract for the real employer? So you always have a pool of L1 eligible skilled workers, ready to circumvent any H1B restrictions... ...Or would you spend the rest of your life in Gitmo for this?
• JonLim 6y ago
  Have you seen any issues lately with H1-B/TN visas being granted to technical employees who don't have a degree in CS or software engineering? Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier? (I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ended up with a Request For Evidence from USCIS.)
  • lhorie 6y ago
    Previous work experience also counts towards H1-B education requirements under the degree equivalence provision. The catch is the three-for-one rule, i.e. you need 6 years of relevant work experience to match a 2 year diploma, 12 years of relevant work experience to match a 4 year degree, and so on.
  • smnrchrds 6y ago
    I second this question. Does one need a degree in CS or software engineering to get a TN visa to work in tech, or would a degree in e.g. civil engineering suffice?
    • JonLim 6y ago
      It's my second go at getting a TN visa (for Computer Systems Analyst designation) and you don't necessarily need a CS degree, but if you don't have one, you will need at least a two year diploma and three years of experience in the field. My current TN visa application was held up by USCIS questioning my experience in the field, and the validity of the visa for my new role. (Despite having cleared both last year. Figures.) I wrote about my first experience [0], if you're curious! [0] https://jonlim.ca/blog/getting-computer-systems-analyst-tn-business-grad/ https://jonlim.ca/blog/getting-computer-systems-analyst-tn-b...
      • smnrchrds 6y ago
        Thank you for the write up. So if I understood it correctly, any B.Sc. degree plus 3 years of Computer Systems Analyst experience would qualify one for Computer Systems Analyst TN?
• edko 6y ago
  Thank you very much for doing this. I have permanent residency, and children younger than 21 who live abroad. If I were to apply for permanent residency for them, would they be able to visit the US as tourists while the process is ongoing, or come to study to an American university with a student visa?
  • proberts 6y ago
    The answer depends in part on whether they already have B-2 tourist visas. If they do, they should be able to visit you without issue. If they don't, they would need to apply for visas and that adds a layer of uncertainty - their visa applications could be denied. Between B-2 and F-1 visas, there's a greater likelihood that their F-1 visa applications would be denied. But, with some planning, you might be able to minimize these issues. If you'd like to discuss this, email me separately.
• onetimeusename 6y ago
  If someone earned a master's degree in the US in a specific topic, topic A, but has a foreign bachelor's degree in a different topic, topic B, and has a job in topic A, will the State Department disqualify them from getting an H1B visa because of the bachelor's degree topic?
  • proberts 6y ago
    No. That would not be a valid basis to deny.
• yarnton99 6y ago
  I have a PhD from Cambridge, a degree in CS, etc. I have a great biotech startup idea and some funding secured in the EU. However, I would prefer to execute it in the US as I prefer how the startup ecosystem looks over there. Is it worth the trouble / doable in terms of immigration laws to move there and bring my cofounder and some employees?
  • proberts 6y ago
    From an immigration standpoint, it appears absolutely doable, using a combination of O-1 and E-2 (and maybe even H-1B) visas. Email me if you would like to discuss in more detail.
    • yarnton99 6y ago
      Thanks, much appreciated! I'll drop you an email once I'm prepared to discuss this further.
• xoail 6y ago
  Per October bulletin, it is kinda odd that the filing dates moved up significantly but final action dates are still lagging for India. In your opinion/analysis why is that the case and do you have any estimates on expected trajectory of final action dates? Thank you!
  • proberts 6y ago
    The final action dates are limited by statute (the limit on the number of green cards that can be issued) whereas the filing dates are really determined by volume and capacity. Unfortunately, while I think the final action dates will progress in the coming months, I don't this progression will be significant.
• zrkrlc 6y ago
  If I want to attend a bootcamp for a couple of months, is the M-1 visa my only option? How difficult is it to get?
• sabas123 6y ago
  If I want to do a 10 week internship in the US from an EU country. Would this always be possible or do I need to apply for a lottery of some sort?
• hn-silver 6y ago
  I needed an immigration attorney to help bring my wife into the country. Our contract stated I would pay a flat fee and she would cover the filing fees. When we filed the first set of forms, she expected me to pay. When I pointed out the contract said she would pay, she crossed it out in pen, rewrote it in pen stating I would pay. I had already signed the document, and felt obligated to continue using her service since we were months into the process and I didn't want to lose the time invested. I felt like refusing, but didn't want her to intentionally drag out the process as retribution. This was in 2017 and after 2 years my wife is now in the country. Is there any course of action I could take now?
  • qnsi 6y ago
    "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!"
    • hn-silver 6y ago
      Are attorneys legally able to alter a contract after it has been signed?
      • sbuccini 6y ago
        Are you able to prove that the crossing out was done before you signed rather than after?
• einpoklum 6y ago
  Not a question, but I wanted to draw people's attention to expatriates.stackexchange.com , where questions about visas, immigration status, spouse and family status and rights and other related issues are asked about a lot. So, after this AMA, you might consider looking for answers there - or converting information here into a question and answer pair there. (No, I don't work for StackExchange - but I used that site when I was an expat myself.)
• cdobleu 6y ago
  Are O visas still being approved?
  • asadlionpk 6y ago
    yes.
• cdobleu 6y ago
  are O visas still being approved?
• hoppeday 6y ago
  Hello, do dates for F4 visas alternate frequently ? This is for Mexico. We have received two notifications advising us that we are ready to proceed but I see that the date now is 22 June 98– and our date in our application is October 99. Are we missing these dates?
• tarun_anand 6y ago
  Slightly oddball question. For someone who has worked earlier in the US on H1B and now wants to come back as an entrepreneur. What are the choices?
  • proberts 6y ago
    You might be able to revive the H-1B but other than country-specific visas (for Australian, Canadian, Chilean, Mexican, and Singaporean citizens) the standard options are the E-1 treaty trader, E-2 investor, or O-1 visa.
• failedrequest 6y ago
  Hi Peter, we have a small startup where our company is located in Bay area, but due to some family I want to reside in Nevada (give up California residency). Is there any residency requirement for H1B ? if I am still being supervised and maintaining employee-employer relationship by reporting to the CEO. The worksite will be remaining same within a couple of 4 hours of commuting distance. I have searched for the residency requirement but have not found anything concrete saying that you need to reside at the same geographical area as your worksite.
  • proberts 6y ago
    Living and working outside the MSA or the normal commuting distance of the location listed on the H-1B petition would trigger the need to file an amended H-1B petition prior to the move.
• ahstilde 6y ago
  If I'm starting a company, and I'm in a highly regulated but not well-defined space, how do i find good legal advice on what I need to do to cover my ass? Specifically for me, im trying to identify what's happening with telemedical and telepharmacy.
  • proberts 6y ago
    Hire a really good multi-practice attorney or law firm with expertise in that space. Email me and I can refer you some names.
• meetapoorvgupta 6y ago
  I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application? What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?
  • deleted 6y ago
    [deleted]
  • ciarannolan 6y ago
    For others who did not know what EB-1 is (like me): > The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US. > Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.
    • CamperBob2 6y ago
      >Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise. One example being none other than the present FLOTUS. Clearly, she had enough patents, publications, and/or athletic and cultural achievements to qualify as an EB-1 recipient. (Oh, hi. How's that swamp-draining coming along, guys?)
      • chance_state 6y ago
• raghu4jm 6y ago
  Can you file multiple I485s for different EB categories? Or can you withdraw and re-apply for a different category I485 in future? One has a current date of filing but final action is back logged. Another is waiting for I140 approval but will be current when approved for both dates.
• deleted 6y ago
  [deleted]
• vba 6y ago
  I’m looking to naturalize next year. I’ve heard that with the current administration after filing to naturalize it takes 6-12 months due to additional interviews in the green card (not naturalization) backing up the naturalization queue. Covid is probably having a big affect too. Anyway, if the administration changes to the democrats, in your opinion, do you feel wait times will decrease and will this be get fairly rapidly. Further, can one be tactical and move to another state to naturalize and hopefully we processed by a state office with a lesser backlog?
  • proberts 6y ago
    (1) The wait times now are closer to 12-18 months in most offices. (2) Yes but you would need to reside there for at least 90 days before applying and remain there until naturalized.
• lsferreira42 6y ago
  Is it really true that Brazilian applications are being rejected more frequently? Two friends of mine got rejected for no obvious reasons this year.
• ping_pong 6y ago
  Would you recommend changing an EB2 application for an Indian to an EB3, given that the priority dates have jumped to 2014? My priority date is Sept 2011. Or would you recommend sticking with an EB2 whose priority date is only 6 months away from the new EB2 priority date limit, May 2011?
  • LordAtlas 6y ago
    I think your dates are like a decade in the past.
    • nvader 6y ago
      That seems right. There's a huge backlog in the process.
    • kinkrtyavimoodh 6y ago
      And they can take a few more decades to clear. Such is the story of Indians in the Green Card queue.
    • ping_pong 6y ago
      You should look at the priority dates for Indians before you comment.
• Cybuster 6y ago
  I got a job at Google (mountain view office) and I start this November working remotely but I still don't have my university degree. I will be working from Mexico at least until July 2021. What are my visa options? I already got an offer and signed the contract. I already completed all my university courses but it takes at least 1 year and a half to get the degree and I have been working as a software engineer in Mexico for 1 year. (3 if you count freelancing).
  • ISL 6y ago
    I'm no expert, but I bet Google has a whole office dedicated to helping you out?
  • copperx 6y ago
    You should contact the appropriate Google department. They will definitely guide you.
• immigration311 6y ago
  First of all, I want to say that I really appreciate the work you do in helping people to navigate a complex and evolving legal landscape. Now, for my question: Is a nonimmigrant considered to be "out of status" between steps (3) and (4) in the following timeline? 1. Arrive to the US with B-2 Visa 2. Apply for F-1 Visa 3. B-2 Visa expires 4. F-1 Visa granted Additionally, is this considered a violation of the terms or conditions of their nonimmigrant status? From my understanding, they are in a "period of authorized stay" during this time, but I am curious about what this means in terms of status and potential violations of their status. Thank you so much!
  • ptaffs 6y ago
    i am not a lawyer but have moved from the UK to the USA. The visa is permission to cross the border, but there's the i-94 stamp which is visitor residency, so if your visa expires but you are still good with i-94 dates, you're fine i believe (just you can't return if you leave). Obviously it's more complicated, i had a different visa to the one you mention.
• binarybrewery 6y ago
  Thank you Peter for doing this! My company's lawyers are getting ready to file for AOS along with EAD and AP. I have plans to travel to abroad in Feb (I have a valid H1B visa). My understanding is that AP applications will be denied if it's still pending during the travel. Can the AP be re-filed in this case? Are there additional fee for refiling? USCIS website states a 3-8 month adjudication period for AP and a much longer timeframe for EAD. What happens if you switch employers during this time? Do these applications have to be re-filed?
  • deleted 6y ago
    [deleted]
• liutuo 6y ago
  Hi Peter, what’s the pros and cons of downgrading to eb3 from eb2, given that eb3 priority date is current and eb2 is one year behind
• mhamin 6y ago
  I am Canadian and living in Canada, do I need a Visa to work for a US company remotely from Canada? If yes what is the best option?
  • jskdvsksnb 6y ago
    Not a lawyer but as a Canadian working in Canada you don't. You will want one when you travel to the states to meet your team, but you can do that on a TN issued at the border provided you have a degree and you don't intend to move to the US permanently
  • lhorie 6y ago
    No, you can setup a Canadian company, and subcontract as a consultant. The downside is your company is responsible for paying taxes (GST, EI, etc), in addition to your personal taxes. Also, obviously, the US company won't provide benefits.
• vkycom 6y ago
  Does AOS portability apply to a dependent I.e. can a dependent who is also employed switch jobs within 180 days without impacting the AOS application (while primary stays in same role)?
• chrismeller 6y ago
  Do you have a recommendation for an immigration attorney a non-corporate client should use?
• throwaway619201 6y ago
  Hi Peter, Thanks for doing this. I'm a Software Engineer at a finance company. My company is currently filing for my Green Card and we're at Step 1 (Prevailing Wage Determination) of the process. Considering the rule change announced by administration yesterday, I'm not sure if my base salary will satisfy higher percentile requirement for my level. My Question is : 1) Do these changes apply for PERM filings? 2) If base salary doesn't meet requirement, can PERM filing happen at different level even though H1B was approved at higher level (ex : level 3 approval on H1B, level 2 filing for PERM)
• aaraujo 6y ago
  Hi Peter ! How hard is it to get the O1 visa for young PhD graduates ? If I am correct, the O1 visa doesn't not permitted the spouse to work in the US. What would be the solution for the spouse to follow and work ? Thank you,
• godelmachine 6y ago
  Hi Peter, Many thanks for doing this. My father filed for my GC in Nov 2017 when he was LPR and he got naturalized in Oct 2018. In previous AMA, you had kindly advised me that USCIS needs to be informed. I reached out to my immigration attorney and below is the response she sent → "Per my last email to you back in November, nothing needs to be done at this time. Nothing will change the processing times, and we will just need to notify the NVC once the I-130 is approved, to update the category at that time, because USCIS requires these requests to be made in writing via letter, and they never actually act on the case anyways. You will be fine, and once we get the I-130 approval is when we’ll take action on this." I am unsure how should I take her advise. Is there something my attorney is missing? Is there something you can think of I should request her to do? Also, last time we had speculated that I may get my GC in 2022/23. Do you think the current pandemic may prolong my GC? My father said my file must be in cold storage now, albeit I am not entirely sure what it means. I am 31, unmarried, born and raised in India, bachelors degree holder with 4.5 years of workex in IT.