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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

#201

Post by proberts »

dingdongding wrote: post #169
hooliengentwbee wrote: post #147

Hi Peter, I am currently working for Hooli and I am awaiting AOS (with an approved I-140), but want to start my own startup. Is it really safe for me if my AOS is still pending for 180 days? How hard is it to show a startup CEO job (with potentially 0 salary) is similar to a Software Engineer job with a few hundred $ks? Should I wait to get my actual green card and then quit?

Hooli? Are you kidding me

I;m not sure that I understand. What's your follow-up question/concern?

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

#203

Post by proberts »

tastartup wrote: post #137

Thanks for doing this Peter. I am from India I filed for 485 through EB2 and I currently have an EAD when the priority date moved a while ago. The priority date has since receded and will be a few years before I can get my Greencard though. I am currently working on my EAD and would like to start a startup and will be self employed very soon. Is this ok when my priority date becomes current.. Do you see any issues wi…

Again, as noted above, to be able to port your green card application, your new employment needs to be in the same or similar occupation as your previous employment.

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

#204

Post by austinkank »

Can a person on H1B visa use options such as driving lyft,uber, or amazon flex to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B visa status and any complications for filing taxes? Thank you very much in advance.

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

#206

Post by proberts »

amorphid wrote: post #202

Do you help non-USA startups import talent to non-USA countries? If yes, what country have you found is immigration the easiest?

I don't but I know good local immigration service providers in a lot of countries if you need referrals.

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

#207

Post by 0rgh0 »

Hi Peter, Appreciate your taking the time to do this. I'm on an L1-B currently with a software product firm, and have been researching ways to move towards an EB1C application for a Green card. My position in the company, in terms of "job level" is at par with Engineering Management. I've been in this role prior to my move to the US and am in line for a promotion here. However, my job description does not involve "hire and fire" capabilities or people reporting directly into me. I lead a functional area and engineering teams within it. Does this then qualify me for an L1B to EB1C application or is this very unlikely? What would your suggestion be in my case? My company qualifies for all other requirements for the EB1C.

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

#208

Post by proberts »

amorphid wrote: post #205

What is the optimal way for a USA company to hire foreign remote workers? 1099 contractors?

If they remain outside, they can be employed as W-2 employees or 1099 contractors. Which option is best (meaning from a tax perspective) will depend in part on the local rules in that country.

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

#209

Post by austinkank »

Can a person on H1B visa use options such as driving lyft,uber, or amazon flex to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B visa status and any complications for filing taxes? Thank you very much in advance.
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