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

305 points · proberts · 20 hours ago

I'll be here for the next 3 hours and then again at around 4 pm EST for another 3 hours. As usual, there are many possible topics and I'll be guided by whatever you're concerned with but as much as possible - because we've received so many questions about this the past few months - I'd like to focus on the impact of the new administration on U.S. immigration law and policy. Please remember that I can't provide legal advice on specific cases for 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. Thanks!

Edit: Thank you again for the great questions and discussion. I'm taking a break now and will return in about an hour. If I miss any questions before the AMA ends today, I'll do my best to respond tomorrow

330 comments

papichulo4 · 16 hours ago

Hey Peter! I wanted to thank you for doing this. I just got my green card last year, and it all kind of started with me asking you a question about H1B caps in a thread like this almost a decade ago. Super appreciate you doing this for people that are dreaming of a better future, dreaming of the American dream.

Wish you the best!

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nickd2001 · 2 hours ago

I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the one hand claiming to have cancelled her visa because she wasn't available for work exactly when the employer needed, on the other saying they haven't really cancelled the visa and she can carry on working for them. She now wonders whether her O-1 entry was during the 60-day grace period after it had been cancelled and thereby unlawful. She doesn't know whether she can legally continue to work because she cannot trust this employer. Compounding this is the fact that she's been engaged to an American for a while and is pregnant. She's now worried about having unwittingly done an illegal entry, and about being seen to have worked illegally, and how that would affect her adjustment of status. I know little of this but I suggested 2 things - (1) collect evidence of the games this employer is playing with you, and ask them to say in writing they haven't cancelled your visa, as proof that you entered the US in good faith and are not knowingly working illegally, (2) possibly contact USCIS directly to check whether the visa is still valid. Any comment on her situation and what she might do?

kujin88 · 19 hours ago

Hi Peter, thank you for doing this AMA. I am on H1B and I recently lost my job. I only have about 50 days left to get a new job but I have a spouse who is on his own H1B. I wanted to see and find out legal and smooth options to buy more time for myself to find a new job - If anything, it would be those options that do not need me to leave the country and get stamping, if at all. My country of citizenship is India, by the way. If you can help us out, it would be really great. Thank you.

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akktor · 17 hours ago

Hi Peter! Thank you for doing this.

I'm a software engineer with 3 years of experience and a MSc degree in computer science. I'm currently working in a big tech company in the UK and I would like to move to the US in the near future. At the moment I'm more leaning toward an L1 because I don't have to go through the lottery but I'm exploring other scenarios. Would you recommend trying to move to the US with an L1 or an H1B? Does an L1 provide a path to a GC? What are the cons of an L1 visa compared to an H1B?

Again, many thanks!

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alsodumb · 16 hours ago

Hey Peter! Thanks for doing this!

I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth.

I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry given that I filed I-140 and showed immigration intent? Or is it safe to assume that O1A is also dual intent? Thanks!

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