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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

#121

Post by safog »

proberts wrote: post #39
kujin88 wrote: post #10

Hi Peter, thank you for doing this AMA. I am on H1B and I recently lost my job. I only have about 50 days left to get a new job but I have a spouse who is on his own H1B. I wanted to see and find out legal and smooth options to buy more time for myself to find a new job - If anything, it would be those options that do not need me to leave the country and get stamping, if at all. My country of citizenship is India, by…

The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the application is pending/until it is approved.

What happens if / when you eventually find a job? Can you file another change of status to a H1B? Does the status of the original change of status app matter? (e.g., can you apply for a COS to H1 while the COS to H4 is still pending?)

Thank you!

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

#123

Post by proberts »

nand_gate wrote: post #101

Thanks for doing this, Peter. What is a good route for an English national looking to move their profitable software business to the US? E-2? Would this be a path to long-term tax residency in America?

The E-2 visa is usually a very good and pretty easy option as long as the investment is enough (typically at least $100k USD) and there's a good business plan. I can't comment on tax residency.

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

#124

Post by proberts »

GummyCharger wrote: post #86
proberts wrote: post #77

Earlier quoted context omitted.

Unfortunately, I can't provide that advice since I'm not representing you and your wife and don't "own" the case and know all the facts. All I can say generally is that it's important to provide financial documents (such as tax returns and W-2s/1099s), evidence of the bona fides of the marriage, and evidence of past and present immigration status.

Thank you a lot. Were Trump to sign new executive orders regarding immigration today, would that affect the current instructions on USCIS website immediately?

That depends on the wording of the EO but they could take effect immediately.

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

#125

Post by theyinwhy »

proberts wrote: post #120
theyinwhy wrote: post #81

Hi Peter, a European (Hungary) colleague of us visited Iran once and does not receive any Visa (tourist,...) because of that. He does not even receive answers to his renewed applications. Is there anything he can do?

It's very difficult to get past this issue. We have Iranian citizen clients and non-Iranian citizen clients who have visited Iran whose visitor and work visa applications have been pending for more than a year. One option is for your colleague to ask his federal representative to reach out to the Consulate. This is done all the time but to be clear, it usually doesn't help but there's really nothing else to do. In th…

Thank you very much for your time Peter!

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

#126

Post by mizzao »

If a US very early-stage startup hires a Canadian and grants them restricted common stock (similar to what founders get), what are the implications for them (1) from a Canadian tax perspective* and (2) if they move to the US later on*?

*(1) e.g. is there anything like the 83(b) election or similar.

*(2) how do 83(b)s work for folks that might move to the US later, especially given "might" ?

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

#128

Post by proberts »

ruckfool wrote: post #76
proberts wrote: post #47

Earlier quoted context omitted.

The EB-5 is still an option although the process largely depends on the regional center/entity that you are going through and requires that you do real due diligence like you would any major investment. The EB-5 is also an area that at various times has been shut down or delayed because of government concerns about fraud and criminal activity.

Hi, I looked at the regional centre-dependent EB5 process but pivoted to the EB5 direct investment route. I have now bootstrapped a single food truck, and we are looking forward to launch it next month. Can such kind of business setup qualify me for O1 instead ? At my day job, I am a software manager in FAANG.

It's surprising to many people what backgrounds/jobs can qualify for O-1 classification so it's not inconceivable that your creation of the food truck business could be a platform to get you an O-1. This would require an O-1 analysis of your qualifications and this business.

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

#130

Post by americasonly »

chronic7300690 wrote: post #78
_xerces_ wrote: post #71

Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?

> Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs? Yes. If you have a problem with that, move to Europe. The US is known for making money. Not for taking care of its citizens.

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