What're your thoughts on using the "GPT" prefix for open source projects? If they're successful, will OpenAI go after them, and can they actually enforce this trademark?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
201–210 of 425 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#202My co-founder and I are working on a cloud startup (we have a registered LLP in India), and after launch, we want to register in the US through Stripe Atlas/Clerky. It seems easy enough (as non-residents) to open a company bank account in the US too.
In the future, we plan to apply for the EB-1 (based on your suggestions in previous threads to others) to live in the US.
Is it okay to register and operate a US company from India for now, when we plan to apply for an EB-1 in the future? Or could it be detrimental for future visa applications or any other reasons?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#203Hi Peter, thank you in advance for considering the question. I'm a Canadian citizen, living in Canada. In the past I've considered moving to the US to work there. I don't have a university degree. I attended university for ~3-4 years, did not complete my degree, and then enrolled in a 3-year college program which conferred an Ontario College Advanced Diploma. I've worked full-time as a software developer since then.…
No you cannot. TN requires you to have specialized degree. You can only be sponsored for H1-B by an employer (hired and move same time).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#204[flagged]
No one is encouraging people to just 'walk into the country', where are you getting this from? It's illegal, they try to stop it, it's not perfect (never has been). If you cross the border illegaly, chances are you have many years of hard work and uncertainty ahead of you before you can begin to feel a peace. Please don't glorify illegal immigration as if they're all just getting free meal tickets and living happily…
I just got my green card after 9 years of living on a TN. I've got a family -- my kids have spent about half their lives in this country.
Even though I was in legally and knew eventually things would work out, there's not one week that went by where I didn't think that if I lost my job I'd have to leave, or wasn't given a reminder that we're foreigners and could lose it.
To be in the country illegally and be fearful of losing it all at any time, or to claim asylum only to know there's a court date coming where you could get kicked out, well, I don't wish that on anyone.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#205Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
what you do is, crank up your vpn, choose an European end-point and connect back to the US to do your work... lol... lol. I tell you.. american law is ridiculous... IT has gone global and they still have that ridiculous provision in the books. They are perfectly fine for us to milk the american IT cow from afar.. but don't you dare come spend that cheese in the contiguous USA... I think once an IT professional clearly shows ability to work remotely, they should be allowed free access to spend that cheese back in the economy which employs them.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#206Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.
They can search your phone? Do they need cause?
In the US the Bill of Rights and most other things only apply to citizens (and maybe lawful residents).
CBP agents have broader authority to conduct searches of non-citizens and their belongings at ports of entry without a warrant, including devices like laptops and phones, to determine admissibility to the United States. Searches of citizens generally require a higher standard of suspicion or a warrant.
In the past, someone has taken a flight between Canada and Mexico while under suspicion of the US authorities, and the plane was forced to land and the person forcefully detained, just because they entered US airspace.
Just losing your ESTA over weed (federally a schedule 1 narcotic) is a fairly small punishment considering the CBP enforces federal law.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#207Hi Peter, Thank you for doing this AMA.
What is the timeline for an Indian born British citizen to get the green card on L1B visa? Is the British citizenship favourable for getting permanent residency in USA in this case and eventually citizenship?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#208Case: I'm currently in US on L2 (dependent on my wife's L1B). Wife's H1b got picked this time and she wish to postpone accepting the H1B because if she gets on to H1b right away, spouse( I in this case) will become ineligible to work ( on H4) until she has approved I-140 which is going to take 1+ years. Question: How long can she safely keep the H1b lottery acceptance active without losing it ?
I don't have a specific answer here, but my understanding is that the usual idea is to choose "consular processing" for the H-1B visa. Perhaps your wife should talk with her company's immigration team about this.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#209Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
what you do is, crank up your vpn, choose an European end-point and connect back to the US to do your work... lol... lol. I tell you.. american law is ridiculous... IT has gone global and they still have that ridiculous provision in the books. They are perfectly fine for us to milk the american IT cow from afar.. but don't you dare come spend that cheese in the contiguous USA... I think once an IT professional clearl…
Maybe what could help is if you operate under an LLC. (myself inc.), that way when you visit, you visit as a company... but I am not a lawyer.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#210Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.
They can search your phone? Do they need cause?
Yes. Yes, they need cause, but not in the Fourth Amendment definition. The cause is you've requested to enter the US or you've been found hanging round the vicinity of an airport, land border or navigable waterway.