Hi Peter
Are there any legal ways to earn money outside of my employer on H1B, at all?
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
#112Hey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged? We haven’t received any 797-C or any other confirmation. Thanks!
Yu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.
Would it help to send all correspondence to them as certified or registered mail so you can prove they have received your application?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#113What citizenship will a naturalized citizen get if they lose their citizenship and where will they go?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#114Hi Peter, I have a few questions: 1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients? - Does the answer depend on the visa type? - Are there any restrictions on self-employment or side income? 2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa?…
I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade.
1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US.
2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business.
3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification."
4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#115Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards s…
Isn't the requirement 6 months per year in the USA minimum?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#116Hi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades bec…
A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#117[flagged]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#118Hi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof? Thank you for doing these AMAs, it's really appreciated and very helpful.
The standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a spouse or significant other or other ties and/or responsibilities.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#119hi I have a friend in a tricky situation wondering if you could help.
he and another founder are both technical cofounders.
he decided to be CTO and the other CEO but he is the only director in delaware c corp.
The CTO is Canadian and CEO is American.
However, CTO found out the CEO wasn't doing in his role. He wasn't committing code and also not contributing to executing, just sitting on his linked in private messages as some way to promise potential investor interest. So to protect the IP, CTO decides to block CEO from accessing github until he can explain and negotiate what to do next.
CEO used this as an excuse to terminate the CTO and acquire the IP by automatic buyback and claim ownership of the IP.
CTO is currently lawyering up and plans on filing injunction against CEO who acted in bad faith.
Will the CTO have trouble getting visas in the near future? It's clear the legal dispute will become public very soon.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#120I am French, and I will incorporate in Delaware. Is the ESTA dangerous in this case, for example, if I go to SF in June?
That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.
Could you please share your contact details so I can reach out to you for legal assistance if needed?