Hacker News: proberts

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 20:33:36 +0000

Nothing has been announced yet. USCIS indicated that these expanded background checks shouldn't delay the process by much but of course no one knows. Right now, it's just wait and see,

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:59:35 +0000

I-130 processing has always been all over the place and can be very slow sometimes, taking 9 or even 12 months.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:57:17 +0000

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

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:51:03 +0000

Yes, that would be fine but you probably would want to apply for a reentry permit when you are in the U.S. to protect your green card in the event you are outside the U.S. longer than expected.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:49:25 +0000

Yes, I am seeing N-400 processing taking longer now. And yes, you can travel internationally while your N-400 is pending.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:48:12 +0000

It's purely based on appointment availability at the particular U.S. Consulate but typically it's very quick to get an L-2 appointment. As an admitted L-2S spouse, you would be work-authorized and wouldn't need an EAD.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:46:12 +0000

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

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:42:00 +0000

The only downsides that I'm aware of are ongoing U.S. tax liability if you move abroad but still want to keep your green card and a potential tax penalty if you give up your green card after having it for at least 7/8 years.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:16:22 +0000

Do you mean getting an immigrant/green card at a U.S. Consulate abroad?

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:13:46 +0000

Was the EB1A petition filed with premium processing?

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:12:33 +0000

E-3s are super quick and easy so this is definitely the first option to explore. But it requires a bachelor's degree or its equivalent in a field related to the job. And being a founder/owner can complicate the process but doesn't automatically mean an E-3 isn't an option. There's no helpful decision matrix. If you'd like, send me your resume and schedule a call and I can tell you which option to pursue.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:09:18 +0000

The spouse could definitely switch to L-2 but then might lose eligibility for L-1 since the spouse still would need to meet the qualifying foreign employment requirement and the three-year lookback period for qualifying employment abroad would start now, not when they initially transferred to the U.S.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 19:05:01 +0000

While U.S. companies continue to hire lots of foreign nationals and while foreign national founders in large numbers continue to try to build businesses in the U.S., the numbers appear to be down. The recent H-1B lottery seems to confirm this. Regarding cancellations/rejections, I would say it's getting harder to get cases approved but our success rate is still high.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:59:21 +0000

The time varies significantly depending on the type of case. I am constantly on the phone with existing clients and potential clients. And we handle a lot of small and mid-sized companies so it's rarely turn-key.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:56:11 +0000

I believe the numbers of H-1B filings has gone down although the H-1B approval rate - so far - seems unchanged.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:54:51 +0000

That's right. Working without pay in jobs that normally are paid could still be considered unauthorized employment.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:52:59 +0000

This is outside my area. All I can say is that anecdotally I still see our clients hiring remotely although often at the same time they are looking for ways to employ their remote contractors in the U.S.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:49:34 +0000

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

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:13:02 +0000

Thank you for all the great questions and comments. I will be taking a brief break.

New comment by proberts in "I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA"

proberts — Fri, 01 May 2026 18:12:11 +0000

EB1As are extremely difficult to get right now. This is particularly true for non-scientific/research/academic employees who are not very highly compensated.