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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

#331

I've been running a company in India for the last 8 years. At some point in the future, I'll incorporate a C-Corp in the US and I'll need to visit the US for a few days. Is it possible for me (as director of the C-Corp) to invite myself (director of the company in India)? It sounds weird even asking.

Please remember that I can't provide legal advice on specific cases for obvious liability reasons since I won't have access to all the facts.

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

#333

I've been running a company in India for the last 8 years. At some point in the future, I'll incorporate a C-Corp in the US and I'll need to visit the US for a few days. Is it possible for me (as director of the C-Corp) to invite myself (director of the company in India)? It sounds weird even asking.

IANAL

If you’re married and have a ton of assets and family in India and a good bank balance you’ll be fine getting a B visa. Might not find a slot tho.

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

#334

My 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…

What exact advice was given that you can do an EB1 from India with a “cloud startup”?

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

#335

It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation e…

A green card through marriage comes initially as a “conditional” / 2 year card, and then your husband would have to apply to remove the conditions (ie show he’s still married) after that two year period. If you get divorced before the green card is even processed it might not make it that far…

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

#337

It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation e…

Do a postnuptial agreement with conditions exactly like if you divorced today to stop worrying about legal consequences of not divorcing now.

> postnuptial agreement with conditions exactly like if you divorced today

There's no such thing as a postnuptial agreement fully legally equivalent to divorce, though. A trivial example is your legal ability to marry someone else, but there are plenty of other differences.

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

#338

Earlier quoted context omitted.

Sorry, but this can't be right. Companies fly in people on B2 visas all the time to do onboarding, work on specific projects for a short period, and participate in offsites. I've done this 10+ times in my career, for big and small companies, and it was never an issue even when explicitly saying these things with border patrol/immigration. What gets you in trouble at the border is the risk of permanently staying, and…

Can someone confirm/deny this?

What this person says is already contradicted by the immigration attorney who started this AMA.

I'm amused and perplexed at all of the "I'm not a lawyer, but..." comments when this is literally an AMA with a lawyer.

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

#339
I've just been selected in H-1B Cap lottery. Company sponsoring me is now going through all the paperwork, but the issue is: their business is not very stable, projects come and go (and recently mostly go). I wonder, if they will rescind the offer can I use the fact that I was selected in lottery to get sponsored by another employer? Or do I have to get lucky in the lottery next year?

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

#340
post #291

Preamble: 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…

Disclaimer - I'm not a lawyer "Have I broken the law?" is a tricky question. You have, by the strictest letter of the law, engaged in an activity that could be deemed grounds for deportation and/or future denials of the visa. But by the same interpretation ~100% of visitors in the country are breaking the law and violating the terms of their visas in some way. So unless you yourself go to an immigration officer and s…

Immigration officers will ask your purpose of stay, and if your answer is not clear and they start questioning in more detail and you blurt out you're gonna do something which is technically not allowed by your visa, then you have a problem. Comparing yourself with others who also do illegal things during their stay won't help you then.
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