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

Posted by proberts 16 hours ago

I'll be here for the next 6 hours. As usual, there are lots of possible topics and I'll be guided by whatever you're interested in. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please try to stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

150 points | 211 commentspage 2

chambers 3 hours ago|

Thank you kindly, Peter.

My partner is a H1B tech worker employed by Meta; not working on AI/ML.

Given the Chinese government opposition to the Manus acquisition, is there any risk they could encounter for their upcoming H1B visa stamp in China?

spanda202020 2 hours ago||

I am looking for some legal advise as a F1-OPT student, how to register and incorporate the company in Delaware, c-corp with SAFEs ? any contacts will appreciate.

stardek 12 hours ago||

Are you able to comment on J-1 visa limitations around duration of international travel?

I'm a postdoc at a US university. My school's international office suggested there was no limit on how long I could travel outside of the US, but most sources online suggest there is a limit of 30 days before the SEVIS record goes inactive. It seems this can be avoided if the university sponsor records the travel in SEVIS. I think I've finally convinced them that this is a real limitation, but some actual expert knowledge would still be very appreciated! I am Canadian, in case that affects the answer.

Thanks for doing this!

proberts 11 hours ago||

My understanding is that time outside the U.S. of more than 30 days while in J-1 status is permissible but triggers a SEVIS alert and requires the ISSO to verify in the SEVIS system that you are continuing with your J-1 work while outside. So, you would want to advise the ISSO before you leave the U.S. and get his or her okay.

MITSardine 11 hours ago||

Not an attorney so I don’t know the details but it is definitely possible to leave the US several months in a row on a J1. When I did it (also as postdoc), it was an involved process that escalated to the (vice?)president’s office to get permission so there are clearly questions the university needed to address... I didn’t have any visibility into it all but what I was told about regarded taxes mainly (since getting paid abroad).

So technically possible but also a tall ask (I didn’t know at the time of asking and my PI went with it).

I then came back and carried on without any immigration issues.

kakadu 8 hours ago||

Hi Peter, thank you for your time

I have been living and working Estonia for around 2 years now, I have mostly US clients for a saas that I direct, this saas brings me around steady income of around 200k euros per year, at least 130k come from east coast companies.

Can I apply for the E1 treaty trader visa? Even if my company is not incorporated in Greece?

proberts 7 hours ago|

The place of incorporation doesn't matter. We should talk because assessment of E-1 and E-2 visa options requires careful analysis.

fekunde 13 hours ago||

Thanks for doing this Peter! I am an Indian national on H1-B with an active, non-withdrawn I-140 and a Priority Date of August 2016 from a previous employer. My current employer has an approved PERM, but their I-140 is still pending.

If the Dates for Filing (DFF) chart reaches my priority date, what is the latest viable timeline to return to my previous employer to file an I-485 based on their approved petition? Additionally, are there legal risks to joining after the date has already become current?

proberts 12 hours ago|

As long as your PD is current per the DFF chart in effect, then there's no date by which you must file your I-485. It's different if the Final Action chart were current. In that case, assuming it remained current, you would need to take I-485 or IV steps within one year. Of course, if you return to your current employer, it would need to be a bona fide job in the same/similar position.

dev_throw 15 hours ago||

It sounds great in theory, but is returning to the USA on an AP nearly as stress free in reality?

I am considering a concurrently filed EB-5 petition and am curious as to what you are noticing of late.

Thank you for doing this AMA, Peter!

proberts 15 hours ago|

It's definitely more stressful and challenging traveling back to the U.S. using an AP but for the most part it's still fine and we are advising clients to continue to travel on their APs but to consult with us/an immigration attorney before their first international trip so they understand what questions they might be asked by CBP when they return.

bedobi 15 hours ago||

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b.

Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP)

Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds it's very thorough, like 400 pages, but yeah, in all generality)

Thank you Peter!

proberts 14 hours ago||

Even now, marriage-based green card applications are quick and easy. Because almost always they end in an interview at a local USCIS field office, the timing depends in part on the volume and efficiency of that local office but we are seeing most marriage-based green card applications approved within 6 months, regardless of the location. Requests for additional evidence in the marriage-based green card context are rare and when they happen are usually easy to address.

_fizz_buzz_ 2 hours ago|||

How about marraige based green cards when residing outside the US? Any indication how long this takes and how complicated the process is? My wife and daughter are both US citizens and we live in Germany. I am a German citizen and have no type of visa in the US.

Hendrikto 14 hours ago|||

That 6 months is considered “quick and easy” says a lot.

mc32 14 hours ago|||

If you compare that to other countries it’s fast and easy.

hvb2 14 hours ago|||

Mind you, this is for obtaining citizenship. Citizenship is a very big deal as it's permanent unless you do something outrageous

cyberax 13 hours ago||

This is not for citizenship, but for the permanent residency ("green card"). And yes, 6 months is a dream for most applicants.

I had to wait 2 years for my uncomplicated GC case.

ianhawes 13 hours ago||

What made you switch from E-3 to H-1B?

lazyasciiart 3 hours ago||

Probably the desire to apply for a green card. Technically you are not supposed to do this in an E3 because it demonstrates immigrant intent, and the E3 doesn’t allow this. I know people who have done it successfully but I also chose to get an H1B before putting in a green card application years ago, and I would be even more cautious in today’s atmosphere.

A random lawyer web site that looks like a good explanation: https://peterchu.com/blogs/medium-feed/can-an-e-3-visa-holde...

garbawarb 15 hours ago||

There's some information online that says if you get an employment-based green card, you must stay at your employer for 6 months after receiving it or else it will cause problems in the future. And others say there's no such rule. Can you clarify if there's any restriction like that and where it comes from?

proberts 15 hours ago|

There's no such rule. The requirement is that the green card applicant must have the intent to work for the sponsoring employer and the sponsoring employer must have the intent to employ the sponsored employee after the employee becomes a green card holder but this isn't inconsistent with finding a great job after getting a green card. This concern typically arises when a green card holder applies to become a citizen but I've never seen this actually be an issue. The concern is even less now with green card portability, which allows green card applicants to change jobs before they receive their green card without jeopardizing their green card applications. The short answer is that it's fine to change jobs soon after getting a green card but still I'd recommend having a quick consultation with an immigration beforehand.

phenkdo 13 hours ago||

I have had an RFE for my Eb5 I -829 petition and my attorney submitted my RFE 3+ months ago but haven't heard anything back. Is it true that USCIS responds to RFE within 3 months or have you seen delays in RFE processing in Eb5 cases?

proberts 12 hours ago|

We've definitely seen a slowing down of USCIS adjudications particularly when an RFE is involved so this delay isn't unheard-of.

dp33 15 hours ago|

For someone starting law school in Canada who hopes to eventually work as in-house counsel for US-based tech companies or startups, what career paths tend to work best?

Is the common route something like BigLaw (possibly New York) first, then transitioning in-house later, or are there better alternatives?

proberts 14 hours ago|

I took a non-traditional path so I'm not a good person to ask but the TN makes it possible - pretty easy in fact - for Canadian-trained attorneys to work in the U.S.

dp33 13 hours ago||

thank you!

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