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

257 points proberts | 1 comments | 16 May 25 15:05 UTC | HN request time: 0.389s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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tao_oat ◴[16 May 25 23:13 UTC] No.44010634[source]▶
Hi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.
replies(1): >>44014220 #
1. proberts ◴[17 May 25 13:34 UTC] No.44014220[source]▶
That depends on a number of factors, such as your activities/purpose when you are in the U.S. (whether these activities constitute "employment" and if so whether they are in line with your H-1B position and job duties), your compensation when you are in the U.S. (are you getting paid and if so, how much and by whom), etc. The question here really is whether H-1B work authorization is required or whether ESTA business travel is fine.