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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

#301

Post by ab_testing »

bialpio wrote: post #300
paxys wrote: post #183

Earlier quoted context omitted.

Every attorney I have spoken to in the past has said that something like this is a clear and obvious violation of H-1B visa terms, so I'm curious what the "gray area" you are referring to is.

IANAL. Can non-citizens run US-based companies? If yes, can't this be done through a company, then OP would just be forbidden from drawing a salary from this entity?

Yes . Non citizens can run us based companies as long as they do that from outside the US. If they want to come to the US to run their US based company, then they have to decide on a visa. There is E2 which is a business based visa but only for certain countries. H1-B is essentially a skilled worker visa and it is assumed that you would have a company and a boss who would file for that visa.

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

#302

Post by benhalllondon »

proberts wrote: post #253
benhalllondon wrote: post #250

Do you know if 01 are travel restricted at the moment? I tried to parse the Presidential Proclamations but was unclear

There's nothing that specifically limits travel by those in O-1 status. The challenge is getting a visa application appointment.

Thanks so much!

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

#303

Post by godelmachine »

proberts wrote: post #257
godelmachine wrote: post #177

Earlier quoted context omitted.

Hey Peter, in one of the other comments you mentioned that NVC/ immigration process is a disaster, whereas here I see GC through USCIS is speeding up. As I understand, once USCIS approves a petition, it goes to NVC where paperwork is checked to be documentary qualified and then consular interviews are scheduled. Is there a difference between the 2? Asking because ultimately both are responsible for issuing GC’s.

I was referring to the final stage of the GC process (not the penultimate I-140 stage), an I-485 application filed with USCIS and an immigrant visa application filed with a US Consulate abroad via the NVC. The former is speeding up and the latter is a slow mess.

Thanks Peter :)

That explains it.

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

#304

Post by KorematsuFredt »

OJFord wrote: post #279
umbcorp wrote: post #274

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.

This is entirely gray area. The rules of thumb are following:

- Owning companies is totally fine. - Generating income from various sources is totally fine.

What is not allowed is: - You should not work in any capacity where an American citizen could have been gainfully employed. Lot of people mis-represent is that you can not get paid a salary, that is not true. Salary is just an evidence of you worked.

How many people structure this is the following. Partner with an American citizen and start the business. The American partner will hold 51% stake and you will be a passive investor with 49%. If you are married you can apply for H4EAD. You spouse has unconditional EAD and she can run the company.

Important note: This issue is only for people born in India. Everyone else can get their EAD/GC in an year or so.

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

#305

Post by digianarchist »

barbazoo wrote: post #222
elevenoh wrote: post #191

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

Just out of curiosity, how do you end up with a 53% income tax rate? Federal: 33% of taxable income over $216,511 Provincial: 20.5% on the amount over $222,420 (max, BC) Obviously the average rate will be far less than the marginal rate. https://www.canada.ca/en/revenue-agency/services/tax/individ...

Canadians usually quote their top tax bracket than their effective rate.

Effective rate is much lower obviously.

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

#306

Post by dang »

onn_h1b1 wrote: post #225
dang wrote: post #223

Earlier quoted context omitted.

These are questions for us, not for Peter. The answers are: 1. No. 2. There's no fixed schedule.

1. Can you approve and make these 5 comments visible to Peter and the community: https://news.ycombinator.com/item?id=29203081 https://news.ycombinator.com/item?id=29203269 https://news.ycombinator.com/item?id=29203387 https://news.ycombinator.com/item?id=29203454 https://news.ycombinator.com/item?id=29203998 1. My account lets me see comments made by new accounts, green, and those comments have 0 minutes ago as the…

Those comments are already all visible. I don't understand your other question.

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

#308

Post by john_moscow »

paxys wrote: post #183
proberts wrote: post #29

Earlier quoted context omitted.

It is a gray area but I don't see any issue if you release it for free. Getting paid, even if to cover your expenses, is more problematic, however. I wouldn't say it's a complete non-starter but it would have to be structured very carefully and properly to avoid crossing any lines.

Every attorney I have spoken to in the past has said that something like this is a clear and obvious violation of H-1B visa terms, so I'm curious what the "gray area" you are referring to is.

IANAL, but you can be a 100% owner of another U.S. company, that will be collecting the fees, paying the bills and dividends, but you cannot run it. I.e. on paper, somebody else with the work permit will have to be the CEO.

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

#310

Post by rStar »

i have an acquaintance from columbia who was deported over a year ago and is now looking to get back into the US to continue treatment for a cancer type ailment. she’s looking for representation if you have a contact number of an attorney that could evaluate her case. she has reasonably strong english as a 2nd or perhaps 3rd language, and I believe she can pay.
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