
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA - proberts
It&#x27;s 6 months since the last thread, so time for another. Previous threads we&#x27;ve done: <a href="https:&#x2F;&#x2F;news.ycombinator.com&#x2F;submitted?id=proberts" rel="nofollow">https:&#x2F;&#x2F;news.ycombinator.com&#x2F;submitted?id=proberts</a>.<p>I’ll be here for the next 5 hours. As usual, there are countless possible topics and I&#x27;ll be guided by whatever you&#x27;re concerned with but as much as possible I’d like to focus on the impact of the pandemic on U.S. immigration.  Please remember that I can&#x27;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&#x27;ll try to do the same in my answers!<p>Edit: I am going to take a break for about 30 minutes.  Thanks.<p>Edit 2: Really good clear questions. It’s 3 pm EST and I need to jump off for a couple of hours to deal with a client issue but I’ll return this afternoon&#x2F;evening.<p>Edit 3: I&#x27;m signing off now.  Thank you again everyone.  It&#x27;s been a pleasure responding to your questions.  Stay healthy and safe.
======
hluska
Good morning Peter. I don’t have a question, instead I have a fact and some
good wishes.

Your AMAs have taught me (a Canadian founder) one heck of a lot over the time
you’ve been doing them. Thanks for taking the time to do them, especially now
when much of what we called life has been shut down.

Best of health, stay safe and thanks for being so giving!

~~~
proberts
Thanks for your kind words. Stay safe and healthy as well.

------
thegreenswede
Hello! My girlfriend is currently an au paire on J-1 Visa but wants to leave
her current host family due to bad work conditions. She will attempt a rematch
to find a new family and continue working under the program.

However, she knows some au paires in similar situations who filed for Tourist
Visa whole working and still in the US, and then stopped working while waiting
and being 'out of status' but remaining in the US due to the current
conditions.

Would she be able quit her family, apply for tourist visa now, and stay with
me during the lockdown while awaiting the decision (not working of course)?

~~~
proberts
Yes, she could file a change of status to B-2 visitor status and while her
application is pending, she could remain in the US. But this application
should be filed before she quits her J-1 employment and note that there is no
guarantee that her application will be approved.

~~~
thegreenswede
Thank you thank you thank you!! Omg what a relief for her. Her current host
family is acting hostile to her, making her work 80+ hours a week during this
lockdown bc of course the kids have no school and telling her that they will
keep her locked in until a vaccine is ready, even if the gov eases lockdown
rules.

She was getting desperate and her mental health was deteriorating due to the
uncertainty of her options.

This made my day. Thank you so so much!!

------
tequila_shot
> H-1B petitions are still being processed since there's no labor market test
> associated with these but PERM-based green card applications could be put on
> hold because a labor market test is central to this process and layoffs by
> the sponsoring employer can result in the end of this process.

Can you please explain what this means? I'm in the process of changing my work
location with the same employer, and uncertain how this could affect me since
we've to restart the PERM process. I've my I-140 approved and H1b approval
till 2023.

Also saw this: [https://www.foreignlaborcert.doleta.gov/pdf/DOL-
OFLC_COVID-1...](https://www.foreignlaborcert.doleta.gov/pdf/DOL-
OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf)

But I am not sure how this affects the situation.

~~~
proberts
It's really hard to comment without having all the facts and documents but as
a general rule, a permanent change in job location that is outside the MSA of
the location on the PERM application requires the filing of a new PERM
application.

------
lsllc
Given the large number of layoffs in the economy, do you think it's going to
be more difficult to get H1B applications passed by USCIS given they might
argue that it should be now "easier" to hire qualified Americans?

(particularly for people currently on an F-1 completing their work experience
and going on to apply for an H1B through their current employer).

~~~
proberts
Legally, no since there's no requirement to test the labor market before
sponsoring someone for H-1B classification. As noted above, however, this
could impact the green card process.

~~~
lsllc
Thank you, that's useful to know!!!

~~~
gabaix
After the 2008 financial crisis, and for 3 years, applications did not reach
the quota. Requests for evidence were frequent, as each application was
carefully reviewed. Once approved, the H1-B was granted.

~~~
genieyclo
Applications did not reach quota as in: not enough applications to saturate
quota, or not enough approvals to meet quota?

------
anish_m
I'm on H1B trying to start a company. I have been working in USA for 10 years
now and was on H1B the whole time (Born in India). What are my options to
start a company? I have a co-founder in mind in similar situation with H1B
visa. How much money should I raise to be able to sponsor H1B for my own
company?

~~~
phakding
As another guy from India who was on H1B and started a company. You can start
a company but you may not work for it. You can attend the board meetings and
that's the extent of your involvement. If you do anything, even clean the
floors of the office you are technically breaking the law as your h1b allows
you to only work for the employer that sponsored your Visa.

~~~
ublaze
How do they enforce these things? I'm sure if you do something silly like show
up in the company's payroll you'll suffer consequences but this rule is pretty
nuanced.

~~~
proberts
The law and the practical application of the same by USCIS are different.
Although doing things on behalf of your own company without receiving cash
compensation could still be considered work requiring work authorization,
USCIS is most concerned about receiving cash compensation - this is a line you
cannot cross. But as noted above, this analysis is nuanced so I would
recommend that you consult with an attorney before taking any steps because,
for example, there are steps you could take that would allow you to work for
your company now without leaving your current job.

------
qalum
What are some of the most interesting or unusual ways someone can get US
citizenship in theory or in practice? Can an executive order do it?

------
fernandogrd
Could receiving coronavirus aid make peoples lives harder if they try to apply
for a green card in the future? Like it seems it is if one makes use of
medicaid or other public benefits.

~~~
proberts
Under present law, no.

------
rubberbandtight
Hey Peter I’m about to start a company with 2 other founders. I’m on h1b with
a different company today. I need to get my h1b transfer approved before
starting at the startup. The New company is about to get funding and then it
will file for my h1b transfer. How can I get founders stock? Can the company
grant it to me in a few weeks/months once my h1b transfer is approved? The
company will obviously be formed by then and also funded. Will I have a
massive tax liability?

~~~
proberts
I'm sure you know this but just to be clear you could start working for the
new company based on the filing of the H-1B petition alone and without premium
processing, it could be many months before the petition is reviewed (and
hopefully approved). But yes, you can receive stock as long as you are not
receiving it in exchange for services rendered (at least not until you are
authorized to work for the company). My expertise is limited to US immigration
law so I can't comment on your tax question.

------
throwaway912345
Hey Peter, thank you for doing this!

My question: Soon I will receive an employment-based green card (EB-3). How
soon after can I leave my job without fearing any adverse consequences?

Background: Some friends have told me that if I leave too soon, then later if
I apply for citizenship, I may be denied. The reason would be that I hadn't
made my green card application in earnest, since leaving so soon shows I
didn't intend to stay at my current employer. Is that true? How soon is too
soon?

~~~
proberts
Almost certainly you will be fine to leave soon after getting your green card.
The risk, which should be low or even nonexistent, will depend on when the
I-140 was approved and when you filed your I-485 application.

------
notlefthanded
Hi Peter, I'm a Canadian working in the US on a TN. I have an H1B petition
that was selected by lottery and processed for an out of country status
change; I haven't activated it at this. Is it possible to change employers to
a comparable role with just the accepted petition? Otherwise is it possible to
change from a TN status to an H1B status -- despite the out of country filing
-- without having to travel, given the current restrictions?

~~~
proberts
If you haven't yet worked in H-1B status for your initial H-1B employer, then
almost certainly you would need to go into the lottery again to work for
another H-1B employer. Regarding switching the approved petition to an in
country change of status petition, the employer would need to file an amended
H-1B petition.

------
knes
Hi Peter,

I was previously on an L1 in the US. Changed job and petition on an O-1. I
exited the country and went to Canada to "wait it out" while going through the
process. COVID19 happen and I'm now stuck in Vancouver.

I just saw that the USCIS is now closed for an in-person interview (and get
the stamp in the passport) until the 3rd of May.

all of my stuff is still in California, is there any way for me to go back to
the US and wait it out?

Can I use any emergency reason to still do the in person?

Thx for doing this!

~~~
proberts
What's your country of citizenship?

~~~
knes
Sorry forgot to mention, I'm French

~~~
proberts
It is unlikely that you would be allowed back into the US as a visitor (under
ESTA or with a B-2 visa) to retrieve your belongings - that is, it's doubtful
that this would be considered essential travel.

------
gwbas1c
I'm honestly curious about what happens if someone is supposed to leave the US
in the next month or so? (For example, if someone's visa is expiring.)

What is someone is in quarantine? What if someone has genuine travel
challenges due to the COVID-19 pandemic?

~~~
proberts
Depending on their status, there are options to stay in the U.S. beyond the
expiration of their authorized period of stay, whether by filing something
with USCIS before their status expires (such as a change to or extension of
visitor status) or by requesting "satisfactory departure" with CBP. There is
also a chance that USCIS will relax or even waive expiration dates for a
period of time but that hasn't happened yet.

------
johndavid9991
Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019,
which is valid until Sept 2021. I cancelled my scheduled visa interview last
2019 due to family reasons. I am still working with my employer and working
remotely as an independent contractor with them. My question is if I can still
use the H1B petition later this year or early next year before it expires
(depends on when the Covid19 crisis ends). I got denied twice before back in
2017 and 2013 for B1/B2. Now, I have enough ties in my home country, married
with two kids, and have travel history to Japan and Singapore. Do you know if
my previous denials for the B1/B2 visa would affect my H1B approval?

Thanks Peter.

P.S. We applied in YC last year but did not make it to the final round. But
still, the feedback we got from YC enabled us to pivot quickly which we found
to be very valuable.

~~~
proberts
Yes, as a general rule, you still should be able to use the approved H-1B
petition to apply for an H-1B visa and work in the U.S. and your prior B-1/B-2
denials shouldn't impact your H-1B visa application since the reason(s) for
those denials aren't reasons to deny an H-1B visa application. Make sure to
retain counsel however because you should talk through your H-1B visa
application and subsequent entry to the U.S.

~~~
johndavid9991
Thank you, Peter. My follow-up question is if my company don’t survive the
covid-19 crisis. Can my approved H-1B petition be transferred to another
company?

~~~
proberts
If this happens before October 1, 2020, then under present law, no.

~~~
johndavid9991
Thanks again Peter.

------
alpacaillama
Hey Peter! I am an international student in Canada hoping to immigrate to the
US on an H1-B.

Do you think there will be less competition in the lottery for 2021 because of
the economic downturn?

Because I have the option of graduating earlier and make that deadline or
graduate normally and apply in 2022.

Thanks. Also how competitive is the lottery nowadays?

~~~
proberts
It's hard to say what the world will look like next year but I've heard from
colleagues that a number of their clients are not going to proceed with H-1B
filings because of the economy.

------
FrauleinSchmidt
Hi Peter, I have been waiting for my I-485 AOS interview (currently on H1B)
but it got cancelled due to USCIS's response to Covid-19. My application has
been pending for less than 6 months. If I get laid off before the interview,
how would it affect my AOS application? Is AC21 an option?

~~~
proberts
Yes, AC21 might still be an option. You should consult with an attorney if and
when you get laid off (unless you know now that this is almost certainly going
to happen).

------
ping_pong
What effect will country-wide layoffs and subsequent mass unemployment have on
H1B and Green Cards? Will they be basically frozen until the economy recovers?

~~~
proberts
H-1B petitions are still being processed since there's no labor market test
associated with these but PERM-based green card applications could be put on
hold because a labor market test is central to this process and layoffs by the
sponsoring employer can result in the end of this process.

------
thefabs
I have two questions in regards to OPT for F-1 visa holders:

(1) What is your best guess what the changes that ICE announced to OPT is
going to be? (see here
[https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=2019...](https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1653-AA76))

(2) What is your best guess what the outcome of the WashTech suit against OPT
is going to be? (see here [https://www.nafsa.org/professional-
resources/browse-by-inter...](https://www.nafsa.org/professional-
resources/browse-by-interest/stem-opt-washtech-litigation)) If OPT falls would
such a change be effecting all current F-1 holders?

------
arcticbull
Hey Peter, as of about two months ago, I have an approved I-140 and a pending
I-485. I also just last week completed an H-1 transfer valid for 2 years. I'm
a California resident.

With everything going on:

(1) If I went to stay with my family in Canada (I am a Canadian citizen) until
this blows over, would I, as things stand today, be allowed to return to the
US?

(2) Given office closures and general craziness, is there anything that would
limit AC-21 time accrual?

Thanks for your time, Peter!

~~~
proberts
1) Would you be returning to the US to work for your H-1B employer. If so,
without knowing all the facts, you should be fine. 2) I'm not sure what you
are asking here.

~~~
arcticbull
(1) Yep, to the H-1B employer.

(2) Yeah it's probably not a super useful question, just confirming AC-21
clock starts when the I-485 is filed and in spite of office closures / delays
en route (my biometrics appointment just got cancelled) that remains
unchanged.

~~~
proberts
2) That's correct.

------
maccm
How do you foresee the current COVID-19 situation will affect Green Card
applications?

~~~
proberts
It's really hard to say. At a minimum, the freeze in in-person interviews and
then backlogs in scheduling could delay the process significantly but because
of the massive number of layoffs, high unemployment, and overall economic
devastation and uncertainty, almost certainly there will be a lot fewer green
card applications so some of the delays and backlogs might be reduced or go
away.

------
holo345
Given the coronavirus situation, it may not be possible in the next couple of
months to update one's I94 by exiting and reentering the country. My friend
has an I94 "admitted until" date that does not match his visa because he last
entered the USA with a passport that was about to expire. Is it possible to
update this date without leaving the USA (now that he has a new passport)?

~~~
proberts
What's your friend's US immigration status?

------
danfan88
Hi,

My work authorization on L1 runs out on may 22nd. I do have an approved H1B
consular notify petition, but due to covid I'm unable to get a consulate
appointment or travel to activate it, and there's no premium processing to
change status while I'm here. Do I have any options to extend my work auth
given the current situation? I don't have any time left on my L1 to recapture.

~~~
proberts
Given the limited options, I would refile the H-1B petition as a change of
status. (You would lose the already aproved petition.) This would allow you to
stay past May 22nd and there's a chance it could be approved by then or soon
thereafter.

------
iska3005
Greetings, Peter!

I had to leave US while in the process of asylum decision pending (right after
the interview), and flew back to my country. (My Mom was critically ill,
doctors suspected COVID19, and I'm the only close relative) (Left using my
passport)

My asylum got approved while I was outside US. What is the right way to re-
enter US in this situation?

~~~
proberts
Do you have any US travel document? If not, then once the US Embassy where you
live reopens, you should contact it and if you are unable to get through,
contact your Congressional representative. I also have a separate concern
about the continued viability of your asylum claim since you traveled back
home.

------
chussad
Hello Peter, Thanks for being generous with your time!!

I have EAD/AP because of approved EB1A. My AOS interview got cancelled because
of USCIS shutdown. I recently traveled outside of US and because of my H1B
stamp expiration, I used AP to enter (current status on i94 is "DA").

I am changing jobs now. The new employer's immigration lawyer recommends to
file H1B and I should be joining when we receive the H1B receipt. They prefer
that as that keeps my non-immigrant status intact in case there are any issues
with Adjustment of status (AOS).

My question to you are:

A) What will you recommend, whether to use EAD or H1B to join the new company?

B) Does filing H1B after EAD approval have any negative impact on my AOS
interview or on EAD/AP Renewal?

C) My spouse has EAD because of my EB1A and is utilizing it for her work. Will
my H1B have any impact on her work visa eligibility?

D) When do you think USCIS will start doing in person interviews? Do you
anticipate some interview waivers ?

Thanks for your help :)

~~~
advisedwang
If the job is substantially similar, you may be able to use supplement J
portability.

~~~
chussad
This is a self filed petition and I believe that i485 j is not required to be
filed.

~~~
proberts
That's correct, if this is a self-petition, then Form I-485J is not required.
Is your self petition an EB1A or NIW? My response to your questions depends in
part on your answer to this question.

------
09mksa
Hi Peter, I currently have a H1-B working for a big tech co based in Seattle,
but am staying/working from Canada (I'm a Canadian citizen) since the start of
March due to covid. I can technically return to the US based on the work visa,
but would prefer to stay here until things improve.

What are the immigration/work implications of that?

~~~
proberts
You should be fine and be able to reenter in L-1 status without issue. You
might need to carry a letter from your employer before you reenter confirming
your employment.

~~~
579831
Do you mean fine to re-enter on H-1B or L-1?

~~~
proberts
Sorry, I meant H-1B.

------
throw4w4
Hi Peter, some US consulates around the world are currently shut down
indefinitely. My appointment for an L1 visa interview had been cancelled
today, as a matter of fact.

Do you have any estiamte when consulate should reopen? Do you see any chance
consulates would conduct online interviews at any point, in countries where
there are restrictions in place?

~~~
proberts
I don't think online interviews will be an option and when US Consulates will
reopen is really anyone's guess since it will depend on conditions on the
ground in that country (as well as corresponding travel restrictions). My
personal feeling is that they won't reopen before May, possibly June or even
later.

------
immquestion
I am British. Never been to uni, but have a successful career contracting as a
software developer in London.

My wife is Polish, has degrees.

How difficult would it be (in terms of visas etc) to move to California for
us? My understanding is that because I have no formal eduction, it can be hard
to get a visa to move to USA (I think it would be easier for my wife).

~~~
proberts
An attorney would need to evaluate your respective backgrounds/qualifications
to make that determination because, for example, many people without degrees
qualify for H-1B and O-1 classification.

------
dheelus
Hi Peter, thanks for your time. I have applied for a GC through marriage. I am
currently on a H1B via my employer. I have already received my EAD but waiting
on the GC interview which might take a while given the current state of
affairs.

1) Can I change employers using an EAD? 2) My EAD expires in a year. Are EAD
renewals generally painless?

~~~
proberts
Yes to both.

------
sercand
Hi Peter, thanks for doing this. My Question: I have got the green card
through diversity lottery and I am currently outside of the US since January.
I know that I would lose my green card if I would be away too long outside
from the US. How would the COVID-19 situation affect me I don't enter the US
next 5-6 months.

~~~
proberts
Because the reason that you are unable to return is outside your control, in
the end you should be fine but if at all possible, you should return to the
U.S. within 12 months of departing.

------
chrismeller
If you’re a US citizen who has been living in the EU and is now being
“encouraged” to return home, but have a significant other that you don’t wish
to be separated from... what would you suggest?

Should they just go for the 90 day tourist visa and roll the dice on being
able to get a fiancé visa, etc later?

~~~
proberts
You should contact the US Embassy where you are living or speak with your
Congressional representative in the U.S. but likely, unless it is dangerous
where you are, you and your partner will need to go through the standard
marriage-based/fiancee process and having your partner enter on a tourist visa
and then apply for a green card is legally impermissible and risky - although
might be forgiven in the end.

~~~
chrismeller
If the US Embassy has closed, what would you recommend?

~~~
proberts
All Embassies are still open; they're just on significantly reduced staff and
only handling very limited matters but if you can't reach anyone, contact your
Congressional representative.

~~~
nojvek
OP Please do report if congressional representative even picks up the phone. I
imagine everyone is now knee deep in pandemic related issues.

~~~
proberts
Yes, I've spoken with them recently as have a number of my clients. And one of
their focuses now is to help US citizens and their families who are abroad.

------
thegreenswede
Hello Peter!

Can a person here on visa apply for Tourist Visa and await the deicision while
saying in the US (being out of status but staying here due to the pandemic)?

I made a comment before but I believe it was too specific of a case so I
apologize. The general question is more my concern.

Thanks so much for doing this!!

~~~
proberts
Yes, an application for a change of status to visitor status, if filed before
the person's current status expires, would allow that person to stay in the US
while the application is pending (even if the person's previous underlying
status expires). Of course I can't comment on whether that application would
be approved.

------
seem_2211
+1 for working with Peter and his team. I worked with them, and secured an EB3
Greencard last year.

------
prpl
Hi Peter,

Is there any risk in filing for adjustment of status in another area to speed
things up? Are there any rules/residency requirements in doing so? It appears
the Texas service center, for example, has been processing cases ~3 months
faster than the California service center.

~~~
proberts
Would this be a marriage-based or employment-based green card application?

~~~
prpl
Marriage based

------
eurozone2020
Hi there, is there a significant difference in the length or complexity of the
process for the K-1 Fiance visa compared with the I-130 visa to bring your
spouse to the U.S. (I know the latter requires having already been legally
married in another country). Many thanks.

~~~
proberts
They're really about the same level of complexity and oftentimes little
different in the overall processing time.

------
jidujiuiy99
Hello Peter, thanks for taking your time. I am also an immigration attorney
and just started my own law firm in Texas three months ago. It has been doing
great in the last month but I am thinking about how to keep it growing. 1. How
do you find your clients' chain/your base? and how would you say your service
is different from big law firms? I am bilingual, so I am confident in serving
my people but I should not only target one group of minorities. 2. I assume
most of your clients are YC and startups. Do you mind sharing how do you reach
out to potential clients at YC and how to do the marketing? Thanks for doing
this and I hope we can exchange some info. Be safe!

~~~
JKSingh12
I'm possibly looking for an attorney for my h1b. Can you send me an email
(max6387 at gmail dot com) with your contact info (the basics of my case are
in this thread).

------
JKSingh12
I recently moved back to India after my L1 renewal my was denied and just got
a place in this years H1b lottery through masters cap with degrees in
bio/bioenegineering.

I work in sales/account management for a large MNC (CTSH) and am concerned
that because my role is non-technical my chances are slim, and looking at the
companies recent applications there have been many denials although they also
have the most granted visas. Moreover, my company/immigration team wants me to
apply under a generic "SOC code" for computer-system-analysts rather than
sales. Is this a bad idea? Any options for improving my chances? Do salary-
level/location play a role as well?

~~~
proberts
Sales and marketing positions are tough from an H-1B approval standpoint and I
am sure that is why the company's lawyers are trying to position the job as
something more technical given your background. Unfortunately, beyond this,
it's really hard for me to comment without doing a full analysis of the
offered position, your educational background and work history, the
educational backgrounds of those in the same or similar position with this
company, and the company's hiring practices for this position and similar
positions over the years.

------
dkochmex
Hey Peter, I am a German citizen living in Mexico who has been to Iran since
2004. As a result, I am ineligible for ESTA and had to apply for a visa. But
its now been in processing with the embassy in MX for 1.5y. What would you
advise me to do?

~~~
proberts
Once US Consulates reopen, I would contact a Congressional representative to
make an inquiry with the US Embassy. Unfortunately, it's not uncommon for US
Consulates and Embassies to fail to take action on these types of applications
and effectively deny them.

------
hzoveiso
I was just selected for the H1B lottery but am concerned about my job safety
(layoffs) this year before I can get an H1B. If I lose my job prior to being
issued the H1B what are my options? Are there precautions I could consider
taking now?

~~~
proberts
Under current USCIS policy and practice, almost certainly you will lose the
H-1B and have to go back into the lottery again. But like a lot of U.S.
immigration now, this could change and there could be some
exception/forgiveness.

------
tombert
My wife, who is currently on DACA, is waiting for a hardship waiver so that
she may fly down to Mexico and get a green card in the US embassy.

Due to this COVID pandemic, we expect there to be some delays, but we're
unsure how long it will be. This is amplified by the fact that we're unsure
what the status of DACA is going to be later this year after the supreme court
deals with it.

Obviously I realize that this is a non-committal answer and I should consult
an attorney directly, but assuming my wife's DACA expires, this COVID thing
causes major delays, and the supreme court decides to get rid of DACA, what
would be the best path forward?

~~~
proberts
You would still proceed with her green card application because she would
still be eligible for a waiver and immigrant visa even if DACA goes away.

------
nina_c
Hi Peter, thank you for taking time to help us. I already have my EAD and just
waiting for my green card to be issued. I was expecting my priority date to be
current this month however USCIS suddenly had a retrogression back to Jan 2017
plus the covid-19 outbreak so I figure it will probably take more time for
them to issue my green card. For the meantime, I can work with my EAD, however
due to covid-19, I learned that my project will be cut by end of the month. So
I will be unemployed. My question is will I be able to work for another
company using my EAD even if it was sponsored by my current company?

~~~
proberts
As a general rule yes, you can work for another company on your EAD, but you
should consult with an attorney regarding the continued viability of your
green card application.

~~~
nina_c
Thank you Peter.

My EAD will expire on Sept this year. We have filed for an extension since we
don't know when will my green card be issued.

Another question is, will my unemployment for a period of time affect the
processing of my EAD/Green Card?

~~~
proberts
It won't impact the issuance of your EAD and it shouldn't impact the issuance
of your green card as long as you are employed by the time of your green card
interview (but the facts do matter regarding the latter issue and I don't have
all of them).

------
rjennings
Thank you Peter for doing this.

Does founding a startup (in Delaware with Stripe Atlas for example) make the
immigration process any easier?

What would be the appropriate immigration path for a founder of a US company
living outside the US (and not a US citizen)?

~~~
proberts
Responses in order: I'm not sure I understand your question. There must be a
US company acting as the O-1 petitioner/employer (except under very limited
circumstances) and many of our clients use Stripe and Clerky among others to
set up their company. This will depend on the founder's country of citizenship
and qualifications but the default options (not including the country-specific
options) are the E-1/E-2, L-1, and O-1 visas.

------
cocktailhour
Hi Peter - for someone on an O1, are there any options to extend the end date
in light of covid19 and not being able to re-enter the country for a
significant amount of time, separate to the 1yr extensions done near the end?

~~~
proberts
I'm not sure I understand. Are you asking whether your O-1 status could be
extended now even though your status isn't expiring for a while?

------
Jschnare22
Peter, thanks for your time. We recently interviewed a master's student from a
local university for a position with our company. She's an international
student on an F-1 Visa, and she was initially hoping to join the team as an
intern. It does not look like an internship will be approved until she
finishes the first year of her program (OPT requirement, I believe). Can you
offer any guidance on her eligibility to work with us as a paid contractor, or
recommend other ways we could work together? Also, has anything changed re:
OPT / CPT given covid-19?

~~~
VintageLight
CPT is a great option because it is a quick approval process only involving
your school's advisors (only weeks vs months for an application to USCIS/DHS).
The downside is that you need to be able to enrol in an internship course that
is necessary for your degree, and pay the tuition.

------
princeharry86
I am on H1b working for an e-commerce company, can I work for a startup in
parallel during off hours and take equity only, no salary. Also the startup is
nowhere related to what my e-commerce company is doing

~~~
proberts
This is a complicated issue and more nuanced than this but providing a service
to a company in exchange for a benefit constitutes work requiring work
authorization. If you'd like to discuss the particulars, please email me
separately.

~~~
princeharry86
Hi Peter, can you please share your email details.

Thanks, Harish

~~~
dang
If you email us at hn@ycombinator.com I can send an intro.

Same offer for anyone who would like an intro to Peter by email.

------
ssn_deficient
Hi Peter. I'm in the US on an E3. I arrived after the social security
administration closed for covid19.

How on earth do I get an SSN? I'm supposed to start work next week and I'd
love to get paid eventually.

~~~
proberts
You are okay to be paid without an SSN. This is really a payroll processing
issue, not an immigration/work authorization issue.

------
agilebyte
Immigrating to US under NAFTA (Computer Analyst) with a Computer Science (not
Engineering) degree doing software development. Do people still use this
route? What's the success rate now do you know?

~~~
jpcapdevila
I'm currently in the US using a TN visa. I know many people with that visa, 0
rejection rate if you present the proper documentation.

Pm me if have more questions.

------
swyx
Hi Peter! thanks for doing this!

I'm a Singaporean. The crisis caught me at an inconvenient time - I'm in the
middle of switching jobs, and had just flown back to Singapore to get my next
H1B1 visa. However now the US Embassy has stopped regular processing of visas.
So I'm supposed to start work on Monday but I don't have a visa. Since we have
no idea how long this thing is going to last... Is there something I can do
online? Should I ask my employer to hire me as an international contractor
first while we wait?

~~~
proberts
There's nothing you can do now to travel to and work in the US on an H-1B1
visa until the US Consulates and Embassies reopen. Until then, you are
absolutely fine to work remotely for your employer now whether as an
independent contractor or even a direct employee.

~~~
swyx
thanks for the assurance Peter! this helps me a good deal in this time of
uncertainty when nobody seems to know what to do.

------
xriddle
Hi Peter, I'm a dual citizen Canadian(born)/Italian (passport) with 20+ years
experience in Tech. Co-Founded and sold my own business and now CTO of the
company that acquired my business. I don't have an actual degree and my
highest education level is a private college degree from a tech trade school
called a DEP and some industry specific certifications like CISSP, CISM , CEH,
MCSE. What's the easiest way for me to get visa sponsorship, if any?

Thanks

~~~
proberts
Are you in Canada now and if so would you be coming to work for a company
related to your current employer or a different company?

~~~
xriddle
Yes i'm currently in Canada now ... No it would not be for my employer. I
don't have a job offer currently. I would like to know if it's even possible
before attempting to apply for jobs.

~~~
proberts
There are a handful of TN occupations that don't require a degree but given
your background, it sounds like you might qualify for an O-1 and this doesn't
require a degree.

~~~
xriddle
Last follow-up reply- I promise....How would someone like myself go about
demonstrating their eligibility for and O-1? Would someone in my position look
for a job first and then have the hiring employer worry about this or is this
something I should do on my own before applying to jobs? BTW thanks for being
generous with your time and doing all this.

~~~
karanbhangui
Hey fellow Canadian! Happy to answer questions about O1 process. Mind emailing
me? Address in my profile.

~~~
proberts
The first step would be to have an attorney do an analysis of your background
to see if an O-1 is an option.

------
ohhhwell
I just learned that the US classifies my masters degree as a bachelor degree
equivalent for the purposes of immigration, putting me in the EB3 rather than
EB2 category, having a big impact on the timeline. It seems to be based on a
central system, is this something that's possible/worthwhile to fight as I
strongly disagree with this decision (won't go into details here). And have
you seen previous successful changes of that categorization?

~~~
proberts
It's definitely worth having someone evaluate because there can be errors.

------
razin
Thanks for doing this, Peter. I'm currently based in Bangladesh but planning
to incorporate my B2B startup as a Delaware C-Corp in order to be able to
process recurring payments from international customers. I had two questions:

1) What are your thoughts on services such as Stripe Atlas, Clerky and others?
Which one would you recommend (if any)?

2) After I complete incorporation, what are my options for moving to the
United States at some point in the future, preferably later this year?

~~~
proberts
1) I can't comment personally but many of our clients use Clerky and Stripe
and seem happy with them. I'm still of the mindset that it's still good to
engage/establish a relationship with a corporate attorney. 2) The default
options are the L-1, O-1, and E-1/E-2 visas.

------
udmo4
Hi Peter,

I'm an E2 employee currently outside the US. My visa is expired (3 month visa)
- I applied for a new one in February when visiting family - it is in
Administrative processing.

I've been working remotely all this time. Now I've been partially furloughed
and asked to work 3 days a week.

In another answer about furlough (L1) you mentioned one cannot work part time.

Wanted to ask if my remote work with pending visa is OK, and if part-time work
is allowed while on E2.

Thank you for doing this!

~~~
proberts
Working part-time remotely is fine but if and when your E-2 visa is issued and
you return to the US, you must work full-time on the E-2 visa.

------
jumana
Two friends of mine did education evaluation for United States visa. Both have
dual degrees, that is masters degree combined with bachelor's. So they have
one degree certificate that says masters as it was done together. The
education evaluation came out as equivalent bachelors in America. Is this
normal as it sounds wrong to me. I feel like they should be able to petition
this as dual degrees are part of many curriculums

~~~
proberts
It's possible that the evaluations are correct because each country has its
own requirements for the issuance of degrees and these could be less than
corresponding US requirements. For example, a number of countries will grant
bachelor's degrees based on 3 years of education. They could try another
evaluation service because there can be variation among services.

------
losdos
For a US citizen who decides now to launch a startup and apply (late) to YC
that includes a cofounder that is NOT currently in the US and NOT a US
citizen, what steps would you recommend be taken to get them here before
interviews / acceptance / start date? (Probably not possible now, I assume)

Also taking into consideration the comments some have had regarding a
potential "remote" YC 2020 summer batch...may it not matter?

~~~
VintageLight
Not Peter, but I imagine it would depend on the nationality of your cofounder.

~~~
proberts
I can't comment on the second question but the response above is correct, the
answer in part will depend on the cofounder's country of citizenship - as well
as residence.

------
_1tan
Career question:

I am a college dropout in middle management at a startup in Europe. Recently I
started studying law part time and would like to transition into a role
related to my new field of study.

What are some entry level fields at a startup involving legal knowledge you
can recommend? At my current org I mainly see opportunities in regulatory
affairs and employment law.

Do you think this strategy is worthwhile or should I study full time instead
and get a student loan?

~~~
proberts
I really don't know since my practice is pretty narrow but we deal with a lot
of corporate, employment, tax, and patent lawyers who all seem busy and needed
by our clients.

~~~
_1tan
Thanks!

------
proberts
I'm signing off now. Thank you again everyone. It's been a pleasure responding
to your questions. Stay healthy and safe.

------
jesus_morales
Hi Peter thanks for doing this. I'm currently working under a TN Visa which
expires on May, but my I94 expires on 2021. My question is, If I want to
change employer (it will normally take me 1 week because I travel to Mexico
and do the process in the US embassy there). If it is possible to still get a
TN Visa from US and without premium processing how long does it takes? Thanks

~~~
proberts
It is possible but without premium processing, it's impossible to say how long
that process will take. It could be weeks or months. But note that when
premium processing returns, a pending petition could be "upgraded" to premium.

~~~
pd0wm
Do you have any guess on when premium processing would be brought back?

~~~
proberts
It's really hard to say but I don't think until the summer or even fall
although USCIS could bring it back piecemeal, maybe starting with I-140
petitions and certain visa classifications.

------
ameen
Hello Peter, thank you for doing this. I had a couple doubts about the H1B
processing during these times - my application was selected in lottery but my
employer is going through a tough time and I’m not so sure if we’ll be able to
survive till October.

Is there any way to transfer my application to a new employer if I do happen
to get another offer? Post grad student on an F1 STEM OPT.

Thank you again!

~~~
proberts
Unfortunately, under USCIS's current policy and practice, unless and until you
work for the sponsoring H-1B employer in H-1B status (after October 1, 2020),
another company can't file an H-1B petition for you without going through the
lottery again. Now USCIS could relax this policy (and sometimes USCIS doesn't
follow it's own policy).

------
asadlionpk
Hi Peter,

I have been told that opting for premium processing leads to hurried decision
from USCIS and subsequently to poorly crafted RFEs. Is that true?

~~~
proberts
I don't see that (and there aren't any and really can't be any valid
statistics on this since there are no real measures or controls).

------
oldgobbo
Thanks for doing this Peter. I have already completed the green card interview
(EB1B) and it went well. I expect my priority date to become current sometime
in the next couple of months. Can I start a company now or does the USCIS
check that I continue to be employed by the same employer? It has been ~ 2
years since my I-140 was approved.

------
jellybeanz
Hey Peter, I'm about to expire my 60 days of grace period for finding another
employer under TN visa, has the USCIS said anything about extending that grace
period because of coronavirus? Also, if my visa is still valid until
September, can I just go to an airport POE and change my employer there with a
letter of employment? Thanks!

~~~
proberts
Responses in order: No, USCIS has not yet extended this grace period or
relaxed expiration/departure dates but it might. There's no change of
employer; this would be a new TN application with your new employer. But of
course there are travel restrictions in place now that could impact your
departure from and return to the US.

------
graeme
I have an E1 visa. Live in Canada, run a business online with customers mostly
in the US.

Haven’t really used it. I still meet the criteria. Has renewal gotten harder?
I’ve heard it has. The first time I got it the embassy wanted all kinds of
reporting to prove my income was from US sources.

Don’t care too much about having it, but would renew if renewal isn’t too
hard.

~~~
proberts
Yes, as a general rule (although there are variations among Consulates), it's
tougher now to get an E-1 or E-2 visa and that applies to renewals as well.

------
jumpinggenes
Hi Peter, I work on H-1B for a Biotech and they are applying for a Green Card
through PERM for me.The current step it is on is the labor market test, I know
the overall economic situation is pretty dire, but my company seems to be
doing well and is actively hiring, will the overall economic impact still play
a role in the PERM approval ?

Thanks

~~~
proberts
It might because even if the company is doing well and hasn't laid off anyone,
the DOL likely will take into account the local, regional, and national
economies and question and request more extensive documentation regarding the
company's good faith recruitment and the unavailability of US workers and/or
simply not believe that there are no qualified US workers.

------
codegeek
Peter, have you ever seen small companies (15 employees) getting approved for
L1A visa ? The company has a foreign subsidiary where some team members work
even though overall we are a small firm. Does the size matter when requesting
visa such as L1A ? Not a consulting firm but a SAAS product based company if
that matters.

~~~
proberts
Yes but really only when the employee manages employees now and will manage
employees in the US (the US company should already have employees) or the
employee possesses truly advanced and proprietary technical or scientific
knowledge.

~~~
codegeek
The employee is technically the CTO who manages the entire team overseas and I
would like him to come manage some people here temporarily. L1A works for that
?

~~~
proberts
Yes, an L-1A is the likely option. How many people does he manage overseas now
and how many would he manage in the US?

~~~
codegeek
7 overseas and US tech team will be built under him.

------
ita
Hi Peter. I'm from Brazil and I've recently finished my Master's in the US and
have been working in CS under opt for the last 6 months. My company missed the
H1-b deadline. Do I have any other options / anything else they could still do
this year besides applying for the stem extension?

------
holo345
Hi Peter, are there any drawbacks to switching from an O1 visa to an H1B visa
in order to avoid having to renew the O1 every year (after the first three
years)? In particular, would an EB1 petition have more chances to succeed if
the applicant has O1 status at the time of filing compared to H1B status?

~~~
proberts
No downside at all to switching and no impact on the outcome of an EB1A
petition - same chances whether you are in H-1B or O-1 status.

------
nehamore
From the employer standpoint, if the wage is slightly lower (within $1,000) of
the standard wage for the SOC code, what would be our options? We still want
to sponsor, but don't want to get in trouble if we give a raise. Thank you,
this is so helpful to read the other questions and answers!

~~~
proberts
If I understand your question correctly, there is no option to pay below the
prevailing wage other than by utilizing or commissioning a private wage survey
- but these are often rejected as invalid.

------
ublaze
Do you know of the legality of running an online side business while on an
H1b? Has there been any change in that law?

Do you know if the S386 measure has made any progress? Alternatively, after
the covid situation, do you see the waiting time for indian/chinese EB2
applicants go up/down?

~~~
proberts
Responses in order: To do this, you would need work authorization such as a
concurrently filed part-time H-1B petition. No, there has not been any change
in the law on this issue. Not that I am aware of. Yes, I think the volume of
green card applications will go down as a result and this should affect the
backlog over time.

------
zinek
Thanks for doing this Peter! How do you think pending AOS employment based
applications might be affected? I anticipate longer processing times due to
closure of local USCIS offices, do you foresee any other risk such as
suspension of these applications? (This is post EAD and AP). Thanks!

~~~
proberts
That main impact would be on the PERM process but if you are past that or
going a different route, then I really don't see much change beyond delays
because of the closure of local USCIS offices.

------
tw600040
Wife has a Phd in BioTech from Europe. Is she eligible to self petition for a
EB1 Green Card? Thanks for doing this.

Also she is currently working for a contract research organization doing some
COVID-19 related research. Will that help her case in anyway? We are from
India, so there is a huge wait time.

~~~
proberts
She might qualify but an analysis would need to be done of her qualifications
and her COVID-19 research should help with a green card application as well as
an O-1 application.

------
ashortz26
One of my two co-founders is Canadian. He has just been "visiting" very
frequently, but it's a constant concern. What is the best way to start the
process of trying to get him here to the US, legally?

We have already raised some VC money from US-based investors (not sure if that
helps at all).

Thanks!

~~~
PopeDotNinja
Does he qualify for a TN visa?

~~~
VintageLight
You must be an employee for the TN visa. As a founder, he would not qualify.

~~~
proberts
This is a bit more nuanced. There's no flat prohibition against founders and
owners getting TNs.

------
ttam
What's the best way to clear up your immigration record?

e.g. when you overstay less than 6 months, you get "blacklisted" \- it becomes
hard(er) for you to get a new travel visa, but more importantly, even if you
do get it, every time you try to go to the US you get taken to the backroom

~~~
proberts
One option - depending on all the facts - is to submit a "complaint" under the
DHS TRIP program. This oftentimes works to resolve that entry issue.

~~~
tw600040
I had a DUI like 10 years ago and I still get taken to secondary screening
every time I enter. Will submitting a complaint help my case too?

~~~
proberts
Possibly.

------
Endlessly
Based on public statements by YC partners, appears possible the YC S20 batch
will be 100% remote; as it relates to YC interaction with the batch.

As it relates to US immigration matters — what, if any, impact might this have
on the S20 batch that prior non-remote batches were not subject to?

~~~
proberts
I don't think that will have any immigration implications because the key
facts won't be impacted: acceptance into and participation in YC; the
relationships established as a result of participation in YC; funding; and
press coverage post-demo day.

------
callenq
Hi Peter,

I run callenq.com, a company that helps tax attorneys skip the IRS telephone
hold time when they call the IRS.

Is there a market for this type of service for immigration attorneys?

Are the hold times long and do you need to call several times a week?

USCIS Call Center Agent (800-375-5283) National Visa Center Officer
(603-334-0700)

~~~
proberts
There are terrible hold/wait times calling USCIS in particular so there might
be a market (but I'm an awful judge of these things).

------
tharminhtet
Hi Peter, Thank you for doing this AMA. I am a student on F1 visa in STEM
field, graduating in 2 months. I will be on OPT afterwards. What are some
practical immigration paths for recent graduate founders?graduating? Please
note that I don't qualify for EB.

~~~
proberts
First and foremost, take advantage of OPT/STEP OPT. This is a great benefit
for students in general and founders in particular. This buys you a lot of
time to build up your company so that you might qualify for an O-1 or green
card.

------
jumana
Hi,

I got an L1B visa to travel to USA in February. My start date is April 1 but
couldn't travel due to the ban. What happens to the visa if I dont enter
within the entry deadline? Is there an entry deadline or they mark the date of
arrival as your timer that ticks?

~~~
proberts
No entry deadline since this was all done in good faith. You should be fine
traveling to the US on your L-1 visa when you're able to. Possibly carry a
letter from your employer confirming your employment.

~~~
jumana
Perfect thanks. Do they count the time in and allow you the lost months ? I
fear I could loose months with this. Also can I get my green card process
started while I am here or we have to wait until the entry? Thanks

~~~
proberts
The time that you are allowed to be in the US in L-1 status doesn't change -
get extended - because your entry has been delayed. And yes, the green card
process can be started while you are outside the US.

------
firstfewshells
Hi Peter, Thanks for doing these. If someone is on an H1B visa and is in their
last year with less than 10 months remaining with no I-140, what options do
they have if they aren't able to get their I-140 approved by the end of their
H1.

~~~
proberts
Is there an underlying PERM application? If so, when was this filed? If not,
when was the I-140 petition filed?

------
canucktrash669
Canadian living in Canada with a EU citizen on a PR (permanent residency in
Canada). Let’s say I get in on a TN, I understand she can accompany me without
being allowed to work. How long would it take for her to get a work permit?
Months, years?

~~~
VintageLight
If she is not your spouse, then she will not be able to accompany you on your
TN visa. If she is your spouse, she can enter on a TD visa while accompanying
you. The TD visa does not have work authorization so she will not be able to
get a work permit. So to answer your question: Never.

However, being in the US will allow her more opportunities to interview with
companies that may be willing to sponsor her on other visas that will grant
work authorization.

Another route is the F1 student visa to OPT/CPT.

~~~
proberts
She also could accompany you to the US in B-2 visitor status as your non-
spouse cohabitating partner and effectively remain in the US as long as you
are in TN status.

------
apeescape
Hi Peter. Seems like I just lost the H-1B lottery, what other options do I
have to stay working in the USA (I'm currently on a J-1 visa)? I already have
a master's degree, and would not like to go back to school. Thank you in
advance.

~~~
proberts
The options are very limited but the default options are an O-1 petition or a
green card application (where there is no backlog in the category such that
you can file an I-485 and work authorization applications immediately).

~~~
btotes
How difficult is the O-1 petition?

------
manicksurya
I was a co-founder back in 2012 in India and we were running a e-commerce
store. I am currently in h1-b working for big US company. Just wondering if I
can use my past experience to move to eb1 instead of eb2 which I am currently
petitioned in.

~~~
proberts
Yes, absolutely, a history of achievement over time is a key factor in the
EB1A context.

------
pipparippa
My EB-3 Green Card interview was scheduled within 2 weeks when cancelled
because of the COVID-19 closures to the immigration office. Do you think they
will reschedule existing interviews or they may reconsider because of the dire
economy?

~~~
proberts
No one knows for certain but they should just reschedule once they reopen.

------
hzoveiso
I am on OPT but think I may be laid off soon. Would I be eligible for
unemployment benefits if so? Separately, am I eligible for the relief payments
of $1200 per adult? Or am I excluded from both because of my immigration
status?

~~~
proberts
This is all new and evolving of course but my present understanding is that
you would be eligible to receive unemployment benefits (since you continue to
be work authorized but note that this is a state determination) and also
eligible to receive payments under the legislation.

------
obi-wan
Hi Peter,

My cofounder and I were meant to start the O-1 application, however given the
current pandemic how do you see it affecting such applications? Does it make
sense to still start it now given that it's unclear how long this will last
for?

Thank you!

~~~
proberts
That really depends on your particular situation - for example, how strong
your petitions are now and whether they need to be filed by a certain date so
that you all can remain in the U.S. - but we continue to file O-1 petitions
for clients.

------
123_throwaway__
Hi Peter, thanks for doing this!

I just got H1B lottery. The company is promising that they would apply for the
green card as soon as I'm in US. My question is: is that possible for them to
do that, generally and given the current scenario?

~~~
proberts
Legally, yes, but if the company was going to go the PERM application route,
that process could be derailed by layoffs by the company and/or overall
unemployment.

------
dmnd
Two related questions:

1\. My wife and I both have independent E3 visas. If one of us wants to change
status to E3D, can we do that without travelling outside the country?

2\. Relatedly, can we extend the validity of our visas without travelling?

Thanks for your help, Peter.

~~~
proberts
1\. Yes, by filing an application with USCIS. 2. Visa renewal by mail is an
option but this too has been suspended until the Consulates and Embassies
reopen.

------
0xname
As a Canadian, does the lack of a college degree significantly act as a
disadvantage for visa programs such as TN/H1-B ? In the case of a pressing
move to the US, what would be some options for someone with no degree?

~~~
__s
So I was in this situation while being hired by Microsoft. Have nearly a
decade of working experience. Ended up in Vancouver (grew up in Ontario)

I think things can be easier once you've worked for the company for over a
year

~~~
proberts
That's correct, you can still qualify for an L-1 (as a transferee after 1 year
of employment outside the US) even if you don't have a degree and there are TN
occupations that don't require a degree. Further, you can get an O-1 without a
degree as well as an H-1B as long as (in the H-1B context) you have the
equivalent of a bachelor's degree (essentially 12 years of professional
experience).

------
tokename
Hi Peter, I have a greencard and we would like to apply for an F2A greencard
for my wife. At the same time, she would like to pursue further education
(masters). Are there restrictions against that while pursuing the F2A?

~~~
proberts
What's your wife's current status?

~~~
tokename
She is on OPT Stem Extension.

~~~
proberts
So you could sponsor her for a green card and while that application is
pending, she could attend school. She wouldn't need an F-1 visa to do so. But
consult an attorney before proceeding.

------
kaisix
This may appear as off-topic compared to other questions here. I am interested
to know what software you use as part of your daily work. So, what software do
you use and what piece of software is missing for attorneys ?

~~~
droidno9
Take a gander at this report by the American Immigration Lawyers Association,
it may answer some of your questions:
[https://www.aila.org/File/Related/The_Future_of_Immigration-...](https://www.aila.org/File/Related/The_Future_of_Immigration-
Report.pdf)

Specific to immigration, two platforms commonly used by high-volume
immigration practices are INSZoom and LawLogix.

~~~
kaisix
Thanks !

------
MikeTheRocker
I'm a Canadian applying for a green card under EB-3. My priority date of
January 2020 was current, but in March it retrogressed to January 2017. How
likely do you think it is I will become current again in October?

~~~
proberts
That's really tough to say because that date depends on actual filings as well
as projections but my personal feeling is that that number will move pretty
rapidly in the coming months although I don't think it will be current in
October.

~~~
MikeTheRocker
The reason I asked October is because historically that's when things become
current again due to the new fiscal year starting

------
bonpensiero
I have received the work permit card already, but I am still waiting for my
SSN. With USCIS partial stop, I believe it will take a long time until I get
my SSN. Am I allowed to work without it?

~~~
proberts
Yes, you are allowed to work. This is more of a payroll processing issue than
a work authorization issue.

------
nrmitchi
Hey Peter, thanks for taking the time.

With the current shutdown of "non-essential" travel between Canada and the US,
would it still be possible to obtain a new TN status at the POE at the current
time?

~~~
proberts
Yes but not via a land-crossing, only via air (and sea).

------
onetimeusename
A friend of mine just lost the H1B visa lottery. She is considering trying to
stay to get a master's. Is that a good option right now?

Can someone with an H1B visa change their status to try to claim asylum?

~~~
proberts
There is an option of getting full-time CPT/work authorization through a
master's degree program and many F-1 students pursue this if and when they are
not selected in the lottery. Whether to do this is a personal decision because
there is substantial cost (tuition) associated with this. Moving from H-1B to
asylum is generally very difficult unless there has been a change in
conditions in the worker's home country.

------
amoorthy
Thank you so much Peter. If you have a moment - do you know if any impact to
Adjustment of Status applications? I've been waiting for my EAD and Advanced
Parole for 4 months. Thanks.

~~~
proberts
These applications are still being processed and processing times seem to be
improving in fact.

------
ravisb
Hi Peter,

Thank you for doing this. My question: Are non-founders who are chief
executives (like CTO, CSO) in a startup eligible to apply in O-1 category?
What is the success rate for O-1 applications you have seen?

Thanks!

~~~
proberts
Absolutely. That's hard to say because the outcome depends on the strength of
the individual's background but lots of O-1 petitions get approved for
talented non-founders.

------
harshgupta
Hi Peter, I am on STEM extension part of my OPT.

Can I start a company and fundraise on my current visa?

If not, can I be a founder and work as a CTO under an American CEO since
technically that is still a supervised job?

~~~
proberts
Possibly but the ultimate decision is your school's and you need to have some
structure where you are supervised by a board member or another employee. I
generally recommend that you find out from your school (in the abstract) what
must be in place for you to use your STEM OPT to work for a company you
(co)founded.

------
throwaway_canim
Hi Peter, I'm a Canadian on an H-1B through my small startup. Would taking a
loan from the Paycheck Protection Program (PPP) hurt our ability to file for a
green card on my behalf?

------
StevesyZissou
Hi Peter,

Really appreciate you doing this!

For a non-American who gets a bachelors degree in the U.S., what are the best
paths for starting your own company in the U.S. if you don't want to raise
venture capital?

~~~
proberts
If an E-2 is available, then probably the E-2 or O-1 - after you have taken
advantage of OPT to build up your company. If you have other founders/owners
that diffuse the ownership and control, then there could be other options such
as the H-1B or a country-specific visa.

~~~
StevesyZissou
Thank you very much!

------
ck9
Hi Peter, I’m 4th generation of (South) Korean Japanese who traveled to North
Korea in 2018. My application for B-2 visa was filed last August and after
“administrative processing” status, it turned out to be “refused” last week.
While I intended to use ESTA in the beginning, I was forced to switch to B-2
visa following Trump’s decision to disqualify ESTA for those who have traveled
to North Korea since 2011.

Since my job requires me to interact with our clients based in the US, losing
the ability to see them would put me in a horrible position.

I have contacted the embassy multiple times to ask if there were any
additional documents to submit, but I was only told to wait for an update
online.

What do you think I can do to continue the appeals process? Is there a trend
where those who have been to North Korea are all rejected?

------
brd529
I've heard that premium processing has been suspended for H1Bs. If someone on
an H1B loses their job right now, what does that mean for their ability to
find a new job?

~~~
proberts
There's no doubt it complicates the change of employer process. That person
would have a 60-day grace period after the end of his or her employment during
which he or she would be considered in valid H-1B status. The challenge is
this: although an H-1B worker can change jobs based on the filing of a new
H-1B petition alone, most workers and most companies don't want to make a
change unless and until the petition is approved and right now, without
premium processing, we just have no idea how long this will take. Note however
that once premium processing is brought back, a pending petition can be
"upgraded" to premium.

------
alibaba_x
As a Canadian, what’s the best way to advertise to potential employers my
eligibility for the TN visa, and emphasize how much less hassle it is than
H1-B visa sponsorship?

~~~
proberts
Somehow as soon as possible in the application/recruitment process, let the
potential employer know that although "sponsorship" is required, the process
can be quick, cheap, and easy.

~~~
mgh2
How "easy" you mean? Can the worker do it by themselves? What is the cost
compared if we go with a lawyer?

~~~
jellybeanz
SUPER easy: [https://www.uscis.gov/working-united-states/temporary-
worker...](https://www.uscis.gov/working-united-states/temporary-workers/tn-
nafta-professionals) You do not need a lawyer and the letter of employment can
be done by the HR department of your employer, just be sure to include
everything they ask for. I did it all by myself and got my company to
reimburse me the fee after I came in to work.

------
fovc
How hard is it to transfer an H1B? If a prospective employee has one, what's
the time and money investment required to hire them? Any big watch outs with
that?

------
european321
What sensible options there are to immigrate or be able to work 5+ years?

I know of green card (lottery and marriage), L1-visa, H1B-visa, and OPT, are
there any other sensible options?

~~~
proberts
Self-petitioning green card options (EB1A and NIW) but these are tough/high
standards. Also, there are country-specific visas ((TN, E-3, and H-1B1) and
depending on your country of citizenship, the E-2 investor visa.

------
hartator
Would accepting disaster relief checks or getting the covid-19 loans forgiven
can get us being a “public charge” and block us from getting immigration
benefits?

~~~
proberts
At present, it doesn't appear that these would qualify as impermissible
"public benefits" from an immigration perspective. The same also applies to
unemployment insurance benefits.

------
wheeloftime
Whats the process like if i have a H1B & approved I140 and move over to H4 for
some reason.

If i want to get back onto H1B do i need to go through the lottery again ?

------
dpaluy
Hi Peter,

I’m on O1 visa. But my wife has O3 and doesn’t have a work permit. What’s the
correct way to apply for a work permit? What visa should we change to? Thanks

~~~
proberts
The visas that allow spouses to apply for a work authorization are the E-1 and
E-2, the E-3, and the L-1. Other than this, a spouse can get work
authorization while in the green card process.

------
3001
Hey Peter,

There was a recent immigration ban on my country of origin through an
executive order.Do you know of any option to apply for a green card in this
scenario?

~~~
proberts
Are you inside the U.S. in valid immigration status or outside?

~~~
3001
inside the USA currently on stem opt.

~~~
proberts
Then that ban only applies to those applying for visas or green cards from
outside the US. You still can pursue a green card in the US because you are in
the US.

~~~
3001
Really?The way it was reported says something else.I guess I need to go talk
to a lawyer. Here is the link to the executive order
[https://www.dhs.gov/news/2020/01/31/2020-travelvisa-
restrict...](https://www.dhs.gov/news/2020/01/31/2020-travelvisa-restrictions)

------
pointarb
Thanks Peter, much appreciated!

Is the US government still processing E2 visa applications. I am Canadian who
was planning on submitting in late April.

------
cuchoi
Hi Peter, thanks for doing this! What are the implications of working remotely
and outside of the US with a H1B1 (similar to H1B)?

~~~
proberts
There are no immigration issues with working outside and within the U.S., as
long as your home is within the MSA/normal commuting distance of the work site
noted on the LCA, there are no issues. The challenge arises if your home is
outside the MSA. Currently, this requires the filing of an amended H-1B
petition but it's possible that USCIS will relax this rule.

------
hngreat0420
What are your thoughts on someone with an H1 visa applying for an O1? Is there
a risk of losing the H1 also?

------
hngreat0420
What are your thoughts on someone with H1B applying for an O1? Is there any
risk of losing the H1B also?

~~~
proberts
Really no.

~~~
proberts
Unless of course there were problems with the H-1B that weren't disclosed or
were missed and these problems come to light in the O-1 filing.

------
sbastidasr
Hi Peter, I got my H-1B. How long do I have to wait to apply for a green card?
thanks you so much.

~~~
proberts
There's no waiting period. You could apply at any time.

------
random3
Are you expecting a decrease in H1B applications this year, given the current
context?

~~~
proberts
Definitely.

------
kndjckt
Hi Peter. Can you be furloughed or have a reduction in hours if you are on a
L-1 visa?

~~~
proberts
There's been no change in the rules yet so a furlough is no different from a
termination so your 60-day grace period clock would start once you are
furloughed and L-1s must work full time so there is no option for part-time
L-1 employment.

------
maxdo
How USCIS works right now due to the crisis, do they work with regular mail?

------
Natsu
What should one do ahead of time to prepare for the filing to remove
conditions on a 2-year green card that was acquired via an I-130 spousal
petition? What are typical ways to prove one's lives are intertwined, is it
enough just to have a joint bank account or do you have to add them to
everything?

Is it a worry if one spouse doesn't have a job, due to Trump's push against
those who "might become" a burden to the state?

Are these usually granted without issue, e.g. can one file on their own
without too much worry, or is it best in this climate to get a lawyer to
prepare the application rather than only engaging them if there are issues
with the application.

Finally, what happens if an application to remove conditions is rejected. Does
that involve having to travel back to the home country, engaging in appeals or
what? I really wonder how that would even work with the Covid lockdowns.

Thanks in advance.

~~~
proberts
If it was a valid marriage when entered into and when the green card was
issued and the couple is still married at the time of filing the I-751
petition, then there's really nothing at all to worry about or prepare for
now, until it's time to file the petition.

~~~
Natsu
Sure, we've always intended to spend our lives together, but I've heard
various advice like making sure to more fully merge one's finances, put the
spouse's name on bills, etc. and wondered more about that and whether there's
any indication that Trump's rule might be bad for non-working spouses, even if
the couple's overall finances are very healthy.

------
paho
When do you expect premium processing to resume for i140 petitions?

~~~
proberts
It's really hard to say but it could be as late as the fall.

------
lihaciudaniel
Do you watch breaking bad's prequel better call Saul?

------
olako
Can Canadians currently enter the US on a B1 visa?

------
tschellenbach
When do you expect USCIS to reopen?

~~~
proberts
So, to be clear, USCIS service centers are still open and processing
applications and petitions, only the local offices have shut down. USCIS's
announcement says April 7th unless changed but almost certainly this will be
changed and will in the end depend on the facts on the ground but I think it
could easily not be until May or even June before they reopen.

------
Havoc
Thanks Peter. Stay awesome

------
zelltech
Hi Pete - which countries do you think have the most positive immigration
processes/criteria, and why?

~~~
proberts
Again, unfortunately, my expertise and knowledge are limited to US
immigration.

------
silexia
I desperately want to escape the United States, what is the best country to go
to and how do I get residency there?

~~~
proberts
Unfortunately, my expertise is limited to US immigration.

------
throw1234651234
How accurate was the bro-lawyer from Silicon Valley? Do these really exist?

