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

Re:I’m Peter Roberts, immigration attorney who does work for... by jonhohle on Saturday July 07, 2018 @02:32AM (#17477373)

First of all, an H-1B does not give someone not a lawful permanent residence. Second of all, it seems like his/her employer screwed up. The poster was vague on the timing, but if accurate, the employer was supposed to notify USCIS about the change prior to it taking affect (hence the response that they were not notified on time).

    “If you do not file an amended petition for these employees…,
    you will be out of compliance with USCIS regulation and 
    policy and thus subject to adverse action. Similarly, 
    your H-1B employees would not be maintaining their 
    nonimmigrant status and would also be subject to
    adverse action.

This is from a decision made in 2015. By changing locations prior to notification, they didn’t maintain their status. No ill will or targeting. USCIS did exactly what they said they would do.

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Re:I’m Peter Roberts, immigration attorney who does work for... by deanmoriarty on Saturday July 07, 2018 @03:46AM (#17477565)

LPR or not, it seems totally scary to me that a visa was revoked because the company committed a minor mistake in filing the notification: for all we know, the company filed the notification in a timely manner but sent a superfluous check with it that caused the document to be returned.

In what world is this something that shouldn’t be considered a minor mistake and be looked past by an immigration officer, considering that the company was in good faith? Hell, the guy didn’t even change employer, it was a simple change of address for the same company!

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