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

300 points proberts | 7 comments | 14 Mar 25 14:39 UTC | HN request time: 0.846s | source | bottom

I'll be here for the next 6 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 recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing 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 responses. Thank you!
1. alwaysanoob ◴[14 Mar 25 16:34 UTC] No.43364277[source]▶
Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada.

The company applied for H1B visa lottery this year and awaiting the results for that.

My question is if I get through the H1B lottery

- How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers?

- My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa?

Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)

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2. proberts ◴[14 Mar 25 19:12 UTC] No.43366133[source]▶
In order of your questions:

1. The H-1B is easily transferrable to another company (as long as the position meets the H-1B requirements). 2. Yes, she still would eligible for the TN if you changed to H-1B. 3. That's the main reason; it's really impossible for Canadian citizens born in India (or China) to pursue a green card while in TN status (without jeopardizing that status). Also, under the current law, an H-4 spouse can apply for a work card if his or her spouse is in the green card process (specifically, has an approved I-140) and is from a backlogged category or country like India.

3. returningfory2 ◴[14 Mar 25 19:14 UTC] No.43366149[source]▶
> Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)

Was your partner also born in India? If not and you get married you can use their country of birth for the green card, even if the green card is being sponsored by your employer. Maybe you're aware of this but just to say if you're not.

4. 1oooqooq ◴[14 Mar 25 19:32 UTC] No.43366347[source]▶
ask company to bring you on a L visa. H visas are not a good option for transfers, only new hires.
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5. Detrytus ◴[14 Mar 25 20:20 UTC] No.43366842[source]▶
Depends on how you look at this. L visas are not subject to lottery, but then that brings much more scrutiny from USCIS. Also, you are tied to your employer, you cannot change jobs easily. H visa, once you get it by lucky draw, gives you much more flexibility. And it's perfectly fine to use H-1B for intra-company transfer.
6. robofanatic ◴[15 Mar 25 01:32 UTC] No.43369120[source]▶
You’ve got it reverse. You can transfer H1b to another company (without going through lottery again) but you cant transfer L1 visa to another company. L1 visa is used to transfer an employee from a foreign branch to the US branch of the same company, once in US if they want to change the company the new company has to sponsor their H1
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7. 1oooqooq ◴[15 Mar 25 17:24 UTC] No.43373890{3}[source]▶
i got his comment wrong then. looked like he just going to the USA office of a place he's already working at overseas