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

226 points proberts | 2 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration 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 do the same in my answers!

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

1. anonimmigrant1 ◴[05 Dec 25 21:42 UTC] No.46167768[source]▶
Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?
replies(1): >>46168612 #
2. proberts ◴[05 Dec 25 23:09 UTC] No.46168612[source]▶
The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.