101–110 of 111 posts
Most of the advice in this thread - except for the first two - alain and tololRon - is very very dangerous - it'll get you barred from US forever if you try some of the stunts recommended.
Earlier quoted context omitted.
I just want to second what alain is saying here. I'm a foreign national working in US on a visa and I've spent a ton of time and money on immigration law. There is some outright CRAP advice in this thread that I know for a fact is BS. Even if you are doing something that is unlikely to get caught at the time, if you ever apply for a green card they will investigate the entire history of your activity in the US and th…
...a VC/investor passing information to the DHS about a startup founder who pitched him who was working illegally... ...was totally in his right to do so... Huh? From the limited details provided, that sounds highly unethical , unless the founder was endangering others by his presence. A frank discussion with potential investors has to include legal risks, including transgressions-so-far that could, if uncorrectable,…
For a start, it's nothing like that and I think you're being a bit extreme with your counter example. Your example includes 'probably', ie subjective information on the part of the VC. I my original example it's likely that the founder out-right admitted his out-of-status.
I don't know the back-story and I only heard it as secondary info (ie not from either party involved) but knowing the SEC and other regulations VCs are under they may well be legally bound to report this and other information.
A closer to home example: I know my CPA is legally bound to inform the IRS and DHS of any issues with my immigration status, insider trading on my investments and any tax irregularities.
To that end, keep in mind it is also hard to pay tax on income if you are working illegally and not get found out. And if you don't pay tax...
Earlier quoted context omitted.
...a VC/investor passing information to the DHS about a startup founder who pitched him who was working illegally... ...was totally in his right to do so... Huh? From the limited details provided, that sounds highly unethical , unless the founder was endangering others by his presence. A frank discussion with potential investors has to include legal risks, including transgressions-so-far that could, if uncorrectable,…
It'd be like pitching an investor and then having them say: "I like what you're doing ... But it sounds like you might not be paying everyone proper overtime, and some of your contractors should probably be reclassified as employees." For a start, it's nothing like that and I think you're being a bit extreme with your counter example. Your example includes 'probably', ie subjective information on the part of the VC.…
CPAs may be required to report money-laundering or outright tax-evasion, but I've never heard of them being required to report 'issues with immigration status' or something as minor as 'irregularities'. I'd need an authoritative citation to believe you on that.
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Sure, TN is easy to get (I've had it) but there are two major restrictions: 1. You cannot apply for a green card on TN visa 2. It has to be renewed annually, and you have to demonstrate continued strong ties to Canada (bank accounts, family, etc.), so US immigration would no doubt get suspicious if you kept renewing
> You cannot apply for a green card on TN visa Actually, you can: http://www.naftatnlawyer.com/applying-for-green-card-tn-st/ > It has to be renewed annually There's a 3 year TN now: http://www.naftatnlawyer.com/nafta-tn-blog/2008/10/16/three-... If you're Canadian, I suggest subscribing to the Grasmick.com newsletter and poking around the site. Lots of good info there.
Not sure if the newsletter is up to date but I noticed that the most recent items on Grasmick.com's News section dates back to 2001!
The world of immigration into the US has really changed quite a bit since 2001, post-9/11 especially. For a start the INS doesn't even exist anymore and was replaced with the DHS.
So if the rest of his information is from this era and pre-DHS then it's pretty much worthless.
Okay, first things first. Apply for a greencard. I know it's a long process, it's expensive, and it's very invasive but do this first. People assume they don't qualify and don't even bother asking. But the US still has the highest immigration of all countries, only the UK is a distant 2nd. So obviously, people are getting in everyday. Now, contact the US embassy in your country. Get all your paperwork together, set a…
US still favors family based immigration system . So "highest" doest count in this context when compared to points ( skill) based system in other countries like UK.
I lived in the US for 7 years, did both degrees there and worked in between. Thoroughly familiar with the immigration system. The short answer is, without making a 'large' investment (i.e. $500K min) + showing that you can provide at least 10 jobs in 2 years - you have a steep climb to be able to stay in the US. That being said, anyone can register a company - from any country. You can have the company in the US, reg…
About starting a business on F1: you can do it if you're on OPT and got your EAD card. Being self-employed is noted as one way to keep your status as an F1 with OPT (as 90 days unemployment means you're out of status), besides getting a job or volunteering. I'm doing that now myself, after talking to my international student advisors and a couple lawyers. Thing is, the business MUST be in a field related to what you…
I can guarantee you, if the USCIS finds that you have registered a company on your F1, they will likely cancel your visa.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...
Employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have studying for one academic year.
These three types of employment are:
Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
Optional Practical Training is for you to get a job in your field. That's it. Not start a company.
Edit: Ok...I take that back. You can't do it, if you want to stay in the good graces of USCIS and stay in the US. If you don't mind being deported...then you most definitely can. Nothing is stopping you - once you have an SSN.
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About starting a business on F1: you can do it if you're on OPT and got your EAD card. Being self-employed is noted as one way to keep your status as an F1 with OPT (as 90 days unemployment means you're out of status), besides getting a job or volunteering. I'm doing that now myself, after talking to my international student advisors and a couple lawyers. Thing is, the business MUST be in a field related to what you…
That's definitely wrong. I can guarantee you, if the USCIS finds that you have registered a company on your F1, they will likely cancel your visa. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b... Employment F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1…
All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program. For students who are not on a 17-month extension, this employment may include: (...) Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
I have been on 6 different visas, over 15 years, I have quite a bit of experience in the matter. 1. 90% of the answers in this thread are bad advice. Some of it really bad. A lot of it just misleading, bogus or exaggerated (on HN, it's bad form to criticize others, but when it comes to life-altering advice such as here, I can't let it stand). 2. It's too complicated to explain in a paragraph. It depends on too many f…
Yup, agreed with Alain that there's so much legally correct, but also legally wrong statements on this thread. This immigration question depends on like a million factors. To name a few, * which country you are a citizen of makes a HUGE difference - every country has a different relationship with the US. Some citizens walk in and out freely and do almost anything they want, while others can't even get their foot in t…
While it makes a big difference in getting into the US (legally) and acquiring whatever visa you need, it makes no difference whatsoever with regards to requirements to work legally within US. You have to have legal authorization to work in the US (i.e. either being a citizen, permanent resident or a temporary resident) regardless of your citizenship.
Earlier quoted context omitted.
> You cannot apply for a green card on TN visa Actually, you can: http://www.naftatnlawyer.com/applying-for-green-card-tn-st/ > It has to be renewed annually There's a 3 year TN now: http://www.naftatnlawyer.com/nafta-tn-blog/2008/10/16/three-... If you're Canadian, I suggest subscribing to the Grasmick.com newsletter and poking around the site. Lots of good info there.
If you're Canadian, I suggest subscribing to the Grasmick.com newsletter Not sure if the newsletter is up to date but I noticed that the most recent items on Grasmick.com's News section dates back to 2001! The world of immigration into the US has really changed quite a bit since 2001, post-9/11 especially. For a start the INS doesn't even exist anymore and was replaced with the DHS. So if the rest of his information…
For some silly reason he's basically abandoned the website and what used to be incredibly helpful forums.
I have been on 6 different visas, over 15 years, I have quite a bit of experience in the matter. 1. 90% of the answers in this thread are bad advice. Some of it really bad. A lot of it just misleading, bogus or exaggerated (on HN, it's bad form to criticize others, but when it comes to life-altering advice such as here, I can't let it stand). 2. It's too complicated to explain in a paragraph. It depends on too many f…
> I have been on 6 different visas, over 15 years, I have quite a bit of experience in the matter. > It's too complicated to explain in a paragraph. It depends on too many factors. A similar number of visa types over similar number of years and I would go a step further and say that there is no formal solution to your problem. The US immigration system can't handle YC type rhythm and structures. You'll have to assume…
I can also live with the possibility that I will have to run my company from The Netherlands for a while (months, years, forever) after that.
What I can't live with is the chance of accidentally messing with immigration law during those three months.
The big question then is: does Y combinator fall under the restrictions of the Visa Waiver Program?
I've heard people claim the whole Y-Combinator program can be seen as "seeking investment", but there's also a coding aspect to it.
My plan would be to work as a single founder, doing part of the work myself and hiring others outside the USA through Elance.