I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#201

Post by proberts » Fri, Aug 25, 2017, 5:02 PM UTC

Throw123away555 wrote: post #179

Peter, for an E2 visa, when demonstrating that an investment is "substantial", how does the accounting work for intangible or in-kind contributions to the business? Is it possible to include the value of time spent building the initial product (while outside the US)? Does it make a difference if the applicant had a foreign company to do the initial development and paid themselves a salary?

At the end of the day, cash investment is really all that mnatters although arguments can be made of course for the transfer of IP assets.

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

#202

Post by eth_vig » Fri, Aug 25, 2017, 5:02 PM UTC

Thanks Peter! What is your opinion on the status of H-4 dependent EAD. Is it likely to be revoked by the new administration? If so, what happens to individuals on H-4?

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

#203

Post by proberts » Fri, Aug 25, 2017, 5:02 PM UTC

CodeMage wrote: post #175

Hi Peter, Thank you for taking the time to answer the questions. Mine is: how long should a Green Card holder stay with the company that sponsored the GC to avoid future problems with USCIS?

There's really no minimum amount of time if the green card was obtained in good faith. I've never seen an issue when this is true.

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

#204

Post by jfim » Fri, Aug 25, 2017, 5:02 PM UTC

proberts wrote: post #198

jfim wrote: post #196

Are there any drawbacks that you can think of with regards to having a green card instead of staying on H1B? The only thing I can think of is the fact that having the green card can potentially mean that there is potentially an exit tax to pay for high net worth individuals, assuming one wants to leave the US after more than eight years. Also, if someone is on H1B and ends the visa (eg. break in employment), do futur…

Yes, essentially the exit tax is the only downside I can think of. And no, a break in employment doesn't necessarily mean that the individual has to go through the lottery again.

Cool! Thanks a lot for doing this, it's really interesting to read all the questions and answers.

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

#205

Post by kk3399 » Fri, Aug 25, 2017, 5:02 PM UTC

throthrothis wrote: post #111

Please all H1Bs of Indian nationality. Do not waste your time, age, money and family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada, Australia or somewhere else. Live a good life rather than being indentured servants for US corporations for a good chunk of your productive age. I moved to Canada some years back and I am really happy about my decision.

after the move, how much pay cut you have to bear with

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

#206

Post by kentosi » Fri, Aug 25, 2017, 5:04 PM UTC

proberts wrote: post #148

kentosi wrote: post #115

Earlier quoted context omitted.

Exactly. I'm converting to the H1B to get the GC.

That's not correct. An E-3 can apply for a green card. This is a common misunderstanding. There's no need to switch to H-1B.

Sorry, this is contrary to everything I've heard and read. I thought non-intent meant that I can't apply for a green card?

I guess it would be too late now, but what's the process of getting a work-sponsored green card while on the E3?

Thanks so much again.

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

#207

Post by proberts » Fri, Aug 25, 2017, 5:04 PM UTC

planck1 wrote: post #174

Hi Peter, thank you so much for this! I have questions about the O1 visa. 1. If a startup sponsors an O1 for a founder, will there be any issues with 1/ the O1 founder having the CEO title 2/ the O1 founder owning between 30-50% equity in the company? Is it effectively the same as if I was on a green card? 2. If the startup that sponsors the O1 substantially pivots to a new idea, what are the implications for visa st…

Regarding your first question, both are generally non-issues. Regarding your second question, the answer depends less on changes to the company's business model or more on changes to the O-1's job duties but generally a new O-1 petition shouldn't be required.

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

#208

Post by proberts » Fri, Aug 25, 2017, 5:06 PM UTC

I'm going to take break now for an hour or so and then return. Thank you for all the great questions and comments!

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

#209

Post by [deleted] » Fri, Aug 25, 2017, 5:06 PM UTC

[deleted]

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

#210

Post by ryandamm » Fri, Aug 25, 2017, 5:06 PM UTC

Let me just say "thanks" for your help with our immigration needs!

Because Peter is probably too modest to self-promote, let me do it for him: working with him is great, it was completely friction-free and we got our employee's visa situation handled very, very quickly. Highly recommend.