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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

#281

Earlier quoted context omitted.

Was in similar situation, though Australian. I got a letter from an education/certification expertly that said my past experience as dev and education (also had a BA) was equivalent to a BS. Recommend you get an attorney/Peter to help you

A bachelor's degree in a related field based on an evaluation of education and experience can work in the H-1B context but is not acceptable in the TN context where a bachelor's degree is required.

Can a master in the field replace the bachelor? Eg. I have a bachelor in business, going through a master in CS, am I eligible for TN visa as Software Engineer or Computer Systems Analyst?

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

#282
Hi Peter!

TYVM for your time.

I've been in the US for about 4 years now and should acquire citizenship in the coming year or two - I'm a Greencard holder.

My grandmother is around 70 years and she's the only one in my home country. I really want her to immigrate over here so I can take care of her but she's not my "immediate" family (not mom, dad, kids).

Is there a route you'd recommend to help get her here and whats the success rate of an application?

I'm well off (thankfully) and would be more than able to accommodate here financial needs.

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

#283

Hi Peter! I work for an American company and we have a distributed team of developers around the world (India, UK, US) and we don’t know if it’s legal for us to come together for a week or two in the states, to plan, bond but also work? Thank you so much for your contributions.

I have found that arranging an interview for the B1-2 visa (which is needed if you're not from an ESTA country, and India is not) is dang near impossible now.

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

#284

Hey Peter! Thank you tons for your contributions here! I'm an Indian in the US on an H1B visa and working in software. I've also made a product for fun on weekends (which my company knows about and approves of). I was thinking of opening access to it for the world, but as it'll involve substantial costs on (cloud) infrastructure, I'll have to ask people to pay for usage on it. I don't plan to profit from this in any…

[deleted]

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

#285
post #279

Earlier quoted context omitted.

No. They check your tax returns every year with some automated process. If you document any income that is not approved youll be in trouble. My college rounded up all the international kids doing business in their own countries and told them to stop immediately.

Weird, I just don't see why business-related (or even employment) income in other country X should be any different to investment income, rental income, etc. in other country X.

Not wanting to pick on the parent comment but this is were 'lay person opinion led forums' don't work for legal questions.

You may not see why, but that's you conveying your opinion based on common sense or your own reasoning vs the law.

The law says that your H1B via only covers you to receive income via your W2 employment with the company the visa is attached to.

If you are an H1B holder you can't be employed or contracted to work for another company in your home country/another country outside the USA because you would still be performing the work in the US and you are out of visa. Even if it's your own company.

If you put this income on your tax return you will be disclosing to the government you are working outside your visa. If you don't put this income on you tax return you are filing an incomplete tax return (and still working outside your visa).

The difference here from receiving investment or rental income from abroad (which you still have to include on your US tax return!) is that investment and rental income isn't 'work' covered by an employment visa.

A work visa is a permission to take a job out of the US employment pool, and the flaw in the law is that if you are working on your own company (inc side project) abroad, you are not really taking a job out of the US market because you wouldn't have hired anyone anyway. But it's a corner case and the law isn't built around corner cases.

(IANAL)

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

#286
post #160
post #129

Earlier quoted context omitted.

Exactly as mettamage said, so yes, more of an employment/tax law question. Anyone on YC to do a AMA on that? :)

The way I've done this in the past is by registering a company in my home country and billing through that. For the company procuring your services, it's no different than paying for a service like AWS. The company you registered is responsible for paying applicable service taxes for rendered services as well as payroll taxes and other contributions as required by law on behalf of the employee, aka your physical pers…

You can also explore PEO's which are organizations set up specifically do this. For single or small number of impacted workers in a given country, a PEO might be the better route than establishing your own company.

https://en.wikipedia.org/wiki/Professional_employer_organiza...

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

#287
post #239

Why is the Lincoln Processing Center moving so slowly in processing I-485s? It's issuing roughly 80 GCs a day whereas MSC is issuing in the order of 1000s.

I know that USCIS is looking to fix this by staffing up the NSC and reallocating cases.

Thank you. Any thoughts on when that'll happen? Weeks, months or years?

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

#288

Hi Peter, I'm a Canadian on a TN visa (going on second renewal). My partner and I recently got engaged (She is a dual Canadian/USA citizen). We are thinking of staying in the US for the foreseeable future. What's the best way to go about this so that I can get permanent residency? Should I see if my current company is willing to go through the GC process for me or should we go through my partner? Thanks for doing the…

The US-based marriage green card process is really easy and straightforward and the processing time seems to be improving. It's easy enough that you really could handle on your own but because you are in TN status, I would recommend that you at least consult with an attorney before filing.

Does the parent commenter need to be considering 'dual intent' issues if they are applying for their non-resident alien TN renewal while now engaged to a US citizen and potentially on a path to applying for a green card (resident alien)? More specifically, if the DHS officer asks during the TN renewal if he intends to apply for a green card or stay in the US once he is married, does he need to be thoughtful here?

(former TN holder now on GC)

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

#289
post #39

Not exactly startup related but perhaps you have some insight. My wife is from the Philippines and we are currently in the process of applying for her AOS (I-130 and I-485). We left the Philippines late last year and went to Mexico for around 6 months waiting for things there to normalize after all the covid lockdowns. The Philippines hadn't fully opened to tourists so in July of this year we entered the USA with the…

Actually I think you'll be fine because it wasn't your wife's intent to apply for a green card when she entered most recently as a visitor. But I absolutely would speak with an attorney before you and your wife have your green card interview.

Appreciate the response, we are in the process of getting an attorney now.

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

#290
post #180

Earlier quoted context omitted.

Citizenship has nothing to do with it. You are still taxed on worldwide income if you are a permanent resident or in many cases even if you are here on a work visa.

But if she can find a great business or financial opportunity overseas or built successful online business - she can leave USA, return GC and escape the IRS tax racket. Not so fast if she's citizen. Think twice.

She could give up her citizenship then. Why make that decision now if she doesn’t have to?
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