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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
211–220 of 425 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#212My 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…
this is a good question
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#213Hello, I am a retired US citizen living in Argentina. I've been told by the Federal Benefits Unit at the US Embassy in Buenos Aires that my Argentine wife, who happenes to be disabled, will be eligible to receive survivor benefits after I die, but will have to spend an entire month in the US every 6 months to qualify. She has never lived in the US and doesn't plan to, so she won't qualify for the 5 year residency exemption. Also in order for her to collect spousal benefits she also has to go to the US every 6 months in order to be eligible. Are there any exceptions to these US travel rules? What type of visa is best for her situation? The Federal Benefits Unit representative mentioned a K visa that doesn't have an expiration date, but I am unable to locate any K visa for her specific circumstances. Thank you very much for volunteering you valuable time. YCombinator is a great source for learning.
Kind regards
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#214Do publications to my BigCo employer's engineering blog count towards an O-1 application? Or is it just Research Papers/citations to formal journals that matter? What are some other common ways to build a portfolio towards an O-1 application other than research citations or founding a startup? Thanks for this AMA!
They could come under comparable evidence or maybe even support original and significant contributions but they won't count as publications. The lowest hanging fruit so to speak are serving as a judge at hackathons or other competitive events, obtaining membership in an association that requires outstanding achievement for membership (such as, for example, IEEE membership, sometimes), and speaking at major conference…
Does open source software count as a publication?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#215Hi Peter,
Thanks for taking questions.
My cofounder and I have incorporated our startup in US. I am a US citizen and my cofounder is not a US citizen, neither lives in US. He had a valid green card but he gave that away and moved to the home country. My cofounder has majority share and also needs to draw a salary soon whereas I can wait for some time.
We are unsure of how my cofounder can be compensated without living in US and having an active work visa. We do not want to create a subsidiary company in his home country. We also do not think he can be on 1099 as he is part of the executive team and we are told that CxOs cannot be a contractor. As of right now my cofounder does not plan to return back to the US, else we could find a way to sponsor a visa for him.
Any thoughts on this would be highly appreciated.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#216Hello, I am a retired US citizen living in Argentina. I've been told by the Federal Benefits Unit at the US Embassy in Buenos Aires that my Argentine wife, who happenes to be disabled, will be eligible to receive survivor benefits after I die, but will have to spend an entire month in the US every 6 months to qualify. She has never lived in the US and doesn't plan to, so she won't qualify for the 5 year residency exe…
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#217Hello, I am a retired US citizen living in Argentina. I've been told by the Federal Benefits Unit at the US Embassy in Buenos Aires that my Argentine wife will be eligible to receive survivor benefits after I die, but will have to spend an entire month in the US every 6 months to qualify. She has never lived in the US and doesn't plan to, so she won't qualify for the 5 year residency exemption. Also in order for her to collect spousal benefits she also has to go to the US every 6 months in order to be eligible. Are there any exceptions to these 30 day US travel rules? What type of visa is best for her situation? The Federal Benefits Unit representative mentioned a K visa that doesn't have an expiration date, but I am unable to locate any K visa for her specific circumstances. Thank you very much for volunteering you valuable time. YCombinator is a great source for learning.
Kind regards
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#218Hi Peter, Thanks for taking questions. My cofounder and I have incorporated our startup in US. I am a US citizen and my cofounder is not a US citizen, neither lives in US. He had a valid green card but he gave that away and moved to the home country. My cofounder has majority share and also needs to draw a salary soon whereas I can wait for some time. We are unsure of how my cofounder can be compensated without livin…
Have you considered using an Employment of Record solution (EOR)?
Utilizing an EOR can streamline the process of compensating an international cofounder, ensuring legal compliance and reducing the administrative burden on your startup. This approach lets you focus more on growing your business while maintaining global operational flexibility.
Just make sure that the EOR is compliant with the country of resident of your cofounder.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#219I have some questions regarding changing of status from F2 to E3 (AUS).
Assuming I hold an F2 visa with which I have entered the US, what are the mechanics to transition a E3 visa? Does form I-129 need to be filed since I am within the US, or can I just leave the US, get the E3 in a different country and re-enter the US using the newly-issued E3 without having to deal with I-129? Any advise on any general problems or technicalities that might be relevant to this change of status?
And one last question, what happens to the F2 assuming the change of status is successful, is it possible to switch back to the F2 after being on the E3?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#220I'm from New Zealand and have been spending my late 20s going around the UK and Canada on 2 year working holiday visas. My work experience is in marketing in senior IC/mid level management roles. The impression I get from most countries visa options is that they're happy for people like me to come in for a few years, work, pay tax, and leave. I'm surprised that even on a temporary basis this kind of activity seems im…
It's a longshot, but don't forget to apply for the DV lottery. Due to the unusual structure of the program NZ citizens have a higher chance of winning. Short of marriage it's by far the best visa, since it's a green card (permanent residence), not a work visa.
> come in for a few years, work, pay tax, and leave.
This option would also tie OP to pay tax forever and wherever.