Is popular github repo enough for o1 visa? it is significant achievement in programmers community)
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
271–280 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#272Earlier quoted context omitted.
You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibited while you are on a visa. With a green card or U.S. citizenship, you have the freedom to sell apps, write books, etc. Companies are required to report any income you earn while you are in the US. If you mak…
Thanks. That is ridiculous though. I believe I can earn rental income from my property in India. How is app-store income different, say if I register my app in India?
This has to do with "passive income".
What is prohibited is working[1], not income[2] per se.
You have to report rental income when you file your U.S. taxes. Work visa holders are allowed to have rental income, but that income has to be passive. I can buy a house in the US, and rent it out, but I cannot manage the property -- I have to hire a property manager. If a pipe breaks in the house, I am not allowed to fix that pipe myself -- I must pay a U.S. citizen or green card holder to fix it.
The same rules apply for apps and other sources of passive income. If you do zero work on your app while you are in the U.S. (not make any updates to it, etc), you might be able to pass it off as "passive income". But like kspaans you absolutely need to hire a lawyer.
[1] Working for free is illegal as well. If you do something that is normally paid, for free, you will get deported and banned. (As some foreign students who do this for experience sadly find out.)
[2] Having any income reported to the U.S. government with your Social Security Number (SSN) by any company that is not your visa-sponsoring company puts you on a road to getting deported and banned.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#273What expectations can a startup founder have when preparing to make an offer to an international developer?
What steps do we need to take to get them here :)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#274[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#275Hi Peters:
Thank you for taking time doing this public service. I really appreciate.
I got my green cards 10 years ago. I have been working on my startup project for the past 3 years. I didn't make any money and didn't pay taxes. Now I want to be american citizen. in the naturalization form, there is a section for past working places and tax paying history. What am I supposed to do with it?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#276Hi Peters:
I got my green cards 10 years ago. I have been working on my startup project for the past 3 years. I didn't make any money and didn't pay taxes. Now I want to apply for american citizenship. in the naturalization form, there is a section for past working places and tax paying history. What am I supposed to do with it?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#277[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#278Earlier quoted context omitted.
I'm in a similar situation, except Canadian. Did it take you 6 months to get your wife's TD status? I applied for my wife back in March and we are still waiting for her TD (she is not Canadian). :(
Woah! My wife and me got it together. She came in 6 months late because moving was an ordeal (we have two big dogs).
Yeah we had to apply for permission for my wife to enter the US to ask for her TD status. It was supposed to take 7 days but we are still waiting.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#279I'm a UK citizen that has been looking at EB-1A all week (because of Brexit), I'm now sure I do not want to continue living here if we in fact do withdraw from the EU. My questions: - How many of the 10 criteria must you actually satisfy? Is it a binary decision, i.e. proving 3/10 is the same as is the same as satisfying all 10. Is a positive decision 100% guaranteed is at least 3 criteria are proved satisfactorily?…
I wonder how many people are roughly in your situation and researching the same options.
If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#280I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.
IANAL, but am a Canadian. My belief is that TN status is a "non-immigrant" status. It is, by definition, temporary. Applying for a GC declares immigrant intent. H1B, by contrast is 'dual-intent'. OTOH, I don't think they actively seek you out to revoke your TN status, but it would make border crossings pretty much a non-starter. All this is remembered from when I was on a TN status from Canada ~5 years ago.
how do border crossings go for TNs. I'm about to get one, and am planning on visiting back reasonably frequently. Is that a problem at all?