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

245 points proberts | 1 comments | 17 Oct 24 16:01 UTC | HN request time: 1.258s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. 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. Thanks!

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

1. midhunsezhi ◴[21 Oct 24 11:00 UTC] No.41902821[source]▶
I was in the USA on H1-B for 3.5 years and moved to India in 2019. My employer recently applied for my H1B, but it got rejected stating that I'm subject to the fiscal year cap (“lottery”). The company lawyers have turned the case around and re-filed it because I've had H1b in the past and didn't use my full quota of 6 years and should be cap-exempt now. Have you seen this happen before? Does USCIS typically correct itself when it makes a mistake in a reasonable time? (fwiw, my case is filed as premium)

Thanks in advance!