I’ll be here for the next 5 hours. As usual, there are countless possible topics and I'll be guided by whatever you'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'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!
Edit: I am going to take a break for about 30 minutes. Thanks.
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/evening.
Edit 3: I'm signing off now. Thank you again everyone. It's been a pleasure responding to your questions. Stay healthy and safe.
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!
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)?
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!!
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...
But I am not sure how this affects the situation.
(particularly for people currently on an F-1 completing their work experience and going on to apply for an H1B through their current employer).
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?
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!
What is someone is in quarantine? What if someone has genuine travel challenges due to the COVID-19 pandemic?
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.
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?
(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...)
(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...) If OPT falls would such a change be effecting all current F-1 holders?
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!
(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.
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.
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?
What are the immigration/work implications of that?
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 :)
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).
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?
1) Can I change employers using an EAD? 2) My EAD expires in a year. Are EAD renewals generally painless?
Should they just go for the 90 day tourist visa and roll the dice on being able to get a fiancé visa, etc later?
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!!
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.
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?
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?
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)?
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?
Thanks, Harish
Same offer for anyone who would like an intro to Peter by email.
How on earth do I get an SSN? I'm supposed to start work next week and I'd love to get paid eventually.
Pm me if have more questions.
There are denials at the land border due to COVID, though travel for work is considered essential travel.
The application for a TN2 for Mexican citizens is another story. I've heard those are all on hold.
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?
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?
Thanks
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!
Also taking into consideration the comments some have had regarding a potential "remote" YC 2020 summer batch...may it not matter?
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?
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!
I have been told that opting for premium processing leads to hurried decision from USCIS and subsequently to poorly crafted RFEs. Is that true?
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.
Thanks
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.
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
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?
We have already raised some VC money from US-based investors (not sure if that helps at all).
Thanks!
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?
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)
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?
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.
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?
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!
I think things can be easier once you've worked for the company for over a year
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.
Specific to immigration, two platforms commonly used by high-volume immigration practices are INSZoom and LawLogix.
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?
Can someone with an H1B visa change their status to try to claim asylum?
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!
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?
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?
I know of green card (lottery and marriage), L1-visa, H1B-visa, and OPT, are there any other sensible options?
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?
If i want to get back onto H1B do i need to go through the lottery again ?
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?
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
Is the US government still processing E2 visa applications. I am Canadian who was planning on submitting in late April.
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.
https://news.ycombinator.com/newsguidelines.html
But that's not why, say, IBM gets 5,000 H1B visa workers a year. It's 99% wage suppression, 1% rare genius/niche skills not available locally.
Somehow that's kind of a question where most people do not think. They believe (even when they believe they think). So I think this is an ill-posed question. And obviously it went against the common believe here.
[1] https://www.canada.ca/en/immigration-refugees-citizenship/se...