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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

Which country's PR would you recommend for a looking-to-exit-Canadian looking to a) pay less tax (53% income rate is too high!) & b) face less investing regulation (e.g. Ontario banning access to certain crypto exchanges)? Is there a popular one these days? e.g. paraguay

Unfortunately I'm not up on that information.

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

#202
1. Is it possible to join a US startup or company and become an employee of it, if you stay overseas and you are not physically in the US?

2. How do you receive equity as remuneration from a US startup and register your ownership of the equity if you do not have H1B and:

2a. if you are an employee of US startup but working from overseas

2b. if you are employed by a US company that gave a visa but also do contractor stuff for a US startup as a side thing

3. Is there a way to start and incorporate a new US company under your name as a main shareholder, if you are currently employed on H1B or H1B1 by an existing company?

3b. Or do you have to start and incorporate a new US company under some other structure?

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

#203
My friend and I, we are on H1B working for big tech. We want to do a startup in US but it would take us 3-4 months to raise funding. In the meantime, can we register the company on our name, pull our H1Bs under it, and start working full-time for the startup?

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

#204

Hi Peter, I am a co-founder of a startup in the crypto sphere. I want E-2 visa. Is it going to be a problem to confirm the source of my investments if I made them in the crypto market? How to prove the source of investments?

I don't think so, you just need to document that the money is yours; we've had other clients rely on similar funds without issue.

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

#205

My friend and I, we are on H1B working for big tech. We want to do a startup in US but it would take us 3-4 months to raise funding. In the meantime, can we register the company on our name, pull our H1Bs under it, and start working full-time for the startup?

Possibly. The issue is going to be your ownership and control of the entity which almost certainly will result in a request for evidence. But you can structure the company in a certain way - independent board of directors, etc. - to minimize the chance of an RFE or even a denial.

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

#207

My friend and I, we are on H1B working for big tech. We want to do a startup in US but it would take us 3-4 months to raise funding. In the meantime, can we register the company on our name, pull our H1Bs under it, and start working full-time for the startup?

Possibly. The issue is going to be your ownership and control of the entity which almost certainly will result in a request for evidence. But you can structure the company in a certain way - independent board of directors, etc. - to minimize the chance of an RFE or even a denial.

For the same situation, what if the visa is H1B1 and not the H1B?

It looks like H1B1 is non-transferrable to a different company and needs a new application from the beginning.

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

#209
Hi Peter, thank you for doing this! I am currently on an F-1 visa, waiting to switch to H-1B in January. I have a previous J-1 visa so I'm currently in the process of waiving the two-year-rule. When the waiver is approved, can I file a change of status, or do I have to leave the country to apply for the visa?

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

#210

Hi Peter, thank you for doing this! I am currently on an F-1 visa, waiting to switch to H-1B in January. I have a previous J-1 visa so I'm currently in the process of waiving the two-year-rule. When the waiver is approved, can I file a change of status, or do I have to leave the country to apply for the visa?

How is it possible to get a H1B in January?

Because H1B is only granted in October about 6 months after you apply for it before the April deadline.

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