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!
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
#252Earlier 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.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#253Earlier 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?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#254Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#255Two 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
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#256Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#257If 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
#258Im 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.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#259Hi 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?
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
#260We'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.