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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

#211

Post by proberts »

0rgh0 wrote: post #207

Hi Peter, Appreciate your taking the time to do this. I'm on an L1-B currently with a software product firm, and have been researching ways to move towards an EB1C application for a Green card. My position in the company, in terms of "job level" is at par with Engineering Management. I've been in this role prior to my move to the US and am in line for a promotion here. However, my job description does not involve "hi…

It's not a non-starter but the absence of direct reports would need to be overcome by a strong showing of indirect reports and a high degree of independent discretionary decision-making with respect to the function that you manage.

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

#213

Post by whatalife »

austinkank wrote: post #204

Can a person on H1B visa use options such as driving lyft,uber, or amazon flex to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B visa status and any complications for filing taxes? Thank you very much in advance.

Can you answer this question plz? I have Q's of same kind. Thanks!

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

#214

Post by proberts »

baristaGeek wrote: post #210

If president Trump does abolish the International Entrepreneur Rule, would the requisite to enter the US then be get an H1B1 (get hired by your own company) and get paid a salary that passes the new H1B minimum salary?

Self-employment isn't allowed in the H-1B or H-1B1 context. The options would be an E-2 or an O-1 (assuming that you're not from a country that has its own visa).

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

#216

Post by proberts »

spacejockeys wrote: post #189

Peter - thank you for doing this! For founders that have non-citizen employees: What is the best approach for assessing the risk that Trump's travel ban and/or immigration restrictions will affect your team? How much should one worry about the team's dependents (spouse, kids, parents) either because your team member is affected, or because they are independently affected? (eg, a US citizen employee is married to a no…

That's a complicated, fluid, and fact-specific question. Unfortunately, given what's at stake, you should retain an attorney to analyze the issues and risks and come up with some type of plan/solution.

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

#217

Post by kentosi »

Hi Peter, Australian here on an E3 that's converting to an H1B.

Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account?

I know I'm not allowed to have any other income, but I assumed that was only for the US.

Thanks in advance!

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

#219

Post by proberts »

kentosi wrote: post #217

Hi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account? I know I'm not allowed to have any other income, but I assumed that was only for the US. Thanks in advance!

Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.

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

#220

Post by proberts »

user-on1 wrote: post #191

Hi Peter, Can an individual on H1B - Volunteer for a non profit organization - Mentor an individual assigned by non profit organization in studies like maths, computer science etc,. or extra curricular activities like drawing, coding hackathons, tennis etc,. - Help in fundraising for a non profit. Kindly advice. Thanks.

I don't see any issue as long as there's no compensation for this, no quid pro quo.
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