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

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

#341

So what does extraordinary ability mean? Are we talking PhD level ability here, or Turning award level ability, or somewhere in between?

Ha! When I was getting my L1, there was someone who got an 01 because they had more than 2 million hits on YouTube and they wanted to pursue a career in Hollywood as a rapper.

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

#342

Hi Peter, I have heard different answers to this from different people. Can I earn income from apps on apple store/android etc. if I am on a work permit in the USA? Does it matter if the app was initially launched when I was in India (my home country) or after I moved here? Thanks!

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 a lot for this answer, very helpful!

What about side projects that you're not earning money on? What if they are later used for a startup once you have a greencard? What if they are published for free on some sort of market place?

Again, thanks a lot!

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

#343

Earlier quoted context omitted.

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…

> [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.)

Whoa, wait a second. What about open-source contributions? Are they banned as well? Open-source work can be, but is not "normally" paid though.

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

#344

Hi Peter, Thank you much for doing this. I am a startup founder who plans to obtain E-2 visa and uses it for residency during the first 2 years of business. I hope to transfer to EB-1 or EB-2 with National Interest Waiver (NIW) as soon as possible. 1) What are the possibilities and timeline for applying to EB-2 while holding E-2 with majority interest in the startup? (I have a Masters in CS from a major US research u…

EB-2 like any other green card entitles you to stay in the USA indefinitely. But if you travel outside the USA for long periods, you may be deemed to have abandoned your intention to reside permanently in the USA and lose your green card: http://www.immihelp.com/greencard/retain-greencard.html

After five years uninterrupted residence in the USA on a green card you can naturalise as a citizen.

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

#345
Hello Peter!

I am so happy to find you and this thread. here's my story: I am a Swiss and Sri Lankan national, female, been in the U.S. uninterrupted since 2002 on several different visas. F1-while at Wharton getting my MBA, then G4 working for the World Bank, then three different H1-Bs (2 corporate, one research think tank) and then since 2012 I have been on an E-2 for my start-up business.

So basically I have been in the U.S. for 14+ years already, paid taxes in the highest tax bracket, own two properties here, started a business and grew it to profitability in 4 years, so far provided employment to 6 part-time American workers. Additionally my start-up business is in career coaching and job search- and so I have helped over 400+ Americans land good jobs, including for positions at the State department, DoD, and the U.S. Foreign Service. My company has partnerships with universities like Georgetown and my team coaches close to a 1000 American students every year.

What are my chances of applying successfully for an Extraordinary Ability EB1 Green Card? Or EB2?

Thank you in advance!

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

#346

Hello Peter! I am so happy to find you and this thread. here's my story: I am a Swiss and Sri Lankan national, female, been in the U.S. uninterrupted since 2002 on several different visas. F1-while at Wharton getting my MBA, then G4 working for the World Bank, then three different H1-Bs (2 corporate, one research think tank) and then since 2012 I have been on an E-2 for my start-up business. So basically I have been…

IAmNotA lawyer and this is not legal advice:

1. OP has closed this AMA and will not be replying.

2. OP specifically stated that he would answer questions only on immigration in general and would not comment or provide legal advice of specific cases, which is exactly what you are asking for. No reputable attorney will do this for randoms on the Internet. Not only is it a liability issue, but rules on ethics, attorney-client relationship, and practice out-of-state prevent this.

3. If you are this successful, you should privately consult with an attorney who can answer all your questions and represent you in your application to USCIS.

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

#347

I am a high school dropout in India. How can I make it to the US with an H1B work visa (or some other country in EU) ? I've had (technical) job offers from US, Germany, Denmark, Japan, etc. but all of them have had issues with this.

Please do get a bachelors degree. Don't dropout in India. Prepare for long term. Your career is 40-45 years. I have thought about this when I was studying in a not so great college in India. But I finished college and immediately got into Facebook and now doing great in Google.

I have made good connections in Google now who will quit with me to do a startup.

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

#348

Earlier quoted context omitted.

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…

> [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.) Whoa, wait a second. What about open-source contributions? Are they banned as well? Open-source work can be, but is not "normally" paid though.

If the work is normally unpaid (like contributing to open-source projects), then it's fine.

Quoting from http://www.cilawgroup.com/news/2013/10/15/unpaid-volunteer-w... :

"As a general rule of thumb, one should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay."

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

#349
Hi Peter, I was born in the states but moved back to my country. I only have my birth certificate and I have recently come to the states under a B1/B2 visa. I have applied for jobs. How does it work in my case, can I apply for a working visa? My current visiting visa is valid for 6 months.

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

#350
Hi Peter,

My name is Gary. I am currently working under a H1B1 visa. My sponsoring company has tried without success to apply the H1B visa for the past three years. The lawyer is advicing that I proceed to applying for the green card.

The lawyer states that at this point, even if I get awarded the h1b visa since the time under the h1b1 will be counted towards the h1b, I will not have enough time using the H1B to get thru the green card application process

Also during this green card application process, it's advised for me to remain in the US otherwise I will get in complications when entering to with a H1B1 that has a outstanding green card process

I have two questions: 1. Is what she said about the h1b1 time contribution to the h1b true?

2. Is what she said custom complication true?

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