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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

#251

Hi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account? I know I'm not allowed to have any other income, but I assumed that was only for the US. Thanks in advance!

Out of curiosity, why would you convert to an H1B?

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

#252

Earlier quoted context omitted.

Thanks Peter!

I read that you can have L1 visa for new office in the US if you already have an existing corporation outside the US.

I believe you are correct. The downside of L1 from what i read is that you have to maintain an office outside of United States. This is a bit difficult for startups with just the co-founders. Correct me if i am wrong.

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

#253

Earlier quoted context omitted.

Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.

Is it possible to have an Australian LLC equivalent or somesuch that collects the payments?

I looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.

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

#254
Hey Peter, Appreciate your taking the time to do this. I am 21 year old and I have done a course on photography from India. Now am getting internship opportunity in Chicago for 4-6 Months. I was wondering if you can suggest me the best way to enter U.S. and do this internship. My only reason to come to U.S. is to learn and intern under the photographer. Which will be the best way for the same? Thanks in advance.

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

#255
post #116
post #88

Two questions: 1. What is generally the best options for current H1B holders to start their own company? 2. Do you foresee any imminent changes in immigration policy, given the current political climate? I know this is not strictly a legal question, but I think it's a question many people have.

as a former founder, I can tell you that much that you cannot work for the company you founded on an H1B visa. You can found the company, but not be employed by it. You will need another visa like the O1 or E2 investor visa. For an H1B you need to be fireable, i.e. have a board of directors that can fire you as a CEO. Otherwise USCIS will argue that you started the company to get yourself an H1b visa

Could it be done concurrently? IE Found and work on a project whilst employed by the H1B company?

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

#257
Hi Peter, thank you for the AMA.

If an H1B visa application got accepted for a start date in October 2017, how long after this start date would the person still be able to come to the US to work and still claim the visa? Does the visa expire if it's unused? Can they come a few months late (December 2017 - January 2018)?

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

#258

Im on an H1B and hoping to get my employer to sponsor me for a green card when my 6 year H1B term is up (2020). Are there benefits having already worked for this employer, or will the green card application be the exact same as if filing for a foreign national who wasn't already working at the company?

It's generally helpful to be currently employed by the sponsoring company but the amount of time with that company has little bearing on the success.

Also A general followup. What is the recommended path to GC for a current holder of an H1B? Full 6 years first, or try and find I-140 immediately? another path?

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

#259

Hi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account? I know I'm not allowed to have any other income, but I assumed that was only for the US. Thanks in advance!

Out of curiosity, why would you convert to an H1B?

Primary reason: The E3 is a non-intent visa, meaning that you can't apply for the Green Card on it. Your only choice is to convert to H1B first and then apply.

Other reason 1: You can transfer to another job easier while remaining in the US (if they do an H1-transfer). Doing so with the E3 is a huge grey-area with various blogs saying different things.

Other reason 2: If I get fired I have a few days to pack my life and leave the country. With a H1B I recall the period being longer to find another job.

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

#260
I just got an email from Peter asking if it was "ok to take a break" and then another saying he was "beginning to fade". I think you guys burned him out :)

We'll ask him to come back soon and get him to take breaks next time; 90 comments in 3 hours is most impressive but no one holds out against the beast forever. In the meantime, I hope there is enough general info and tips in the thread to be of some use to the people who haven't (yet!) gotten to ask Peter a question.

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