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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

#221

Post by kgycombinator »

neosat wrote: post #134
proberts wrote: post #87

Earlier quoted context omitted.

There's no option to freelance while on an H-1B visa and the options to work for another entity concurrently - that is, to get paid by another entity - are very limited and self-employment is generally prohibited. That being said, preliminary steps to create a business or to volunteer for a non-profit are allowed.

Thanks! Can you please provide any further links (or keywords to search for) regarding the 'preliminary steps' that are allowed?

Thank you! I was going to ask the same question.

Also, once the business set up..what if it generated profit as h1bs are not allowed to get paid by other entities..

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

#222

Post by seanieb »

gpm wrote: post #164
UncleOxidant wrote: post #161

I'm a bit surprised that there are so many Canadian & Europeans wanting to get into the US to work at this point given our rapidly deteriorating political and covid19 situation.

The US, or at least the bay area, pays more. Besides, you guys are generating herdv immunity as fast as possible. Time it right and moving to the US could greatly decrease your chances of being infected.

I would love to hear where you got the idea:

https://coronavirus.jhu.edu/from-our-experts/early-herd-immu...

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

#223

Post by youeseh »

ICE_enforcement wrote: post #218
serniebanders wrote: post #151

I'm not sure if this is the right forum to ask, but I thought I'll try because I couldn't find much information online. My neighbor is a really nice undocumented immigrant family. The family has 2 hard working kids who used to tutor others kids in the neighborhood to make income. They are now suffering because they don't have work and they need help. I have been giving them a monthly stipend to help them pay for food…

Amazing that your comment promoting illegal activity is at the very top of the thread. I wonder if Peter Roberts would be under any ethical obligation to report this to the authorities?

Are you implying that because something is illegal, it is also unethical?

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

#224

Post by ICE_enforcement »

youeseh wrote: post #223
ICE_enforcement wrote: post #218

Earlier quoted context omitted.

Amazing that your comment promoting illegal activity is at the very top of the thread. I wonder if Peter Roberts would be under any ethical obligation to report this to the authorities?

Are you implying that because something is illegal, it is also unethical?

If you are a lawyer, yes.

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

#226

Post by proberts »

dudus wrote: post #123

My question is related to green card holders that went back home to spend quarantine with family. Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC? For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?

Yes, it is possible to lose a green card if one spends too much time outside the U.S. but there are steps one can take before leaving the U.S. to protect one's green card (that is, apply for a reentry permit) and steps one can take to reactivate a green card if stuck outside for a very long time (more than one year) (that is, apply for a returning residence visa). There is no exception to the reset - one year continuously outside will reset the residence clock for naturalization purposes.

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

#227

Post by onetimemanytime »

proberts wrote: post #176
serniebanders wrote: post #151

I'm not sure if this is the right forum to ask, but I thought I'll try because I couldn't find much information online. My neighbor is a really nice undocumented immigrant family. The family has 2 hard working kids who used to tutor others kids in the neighborhood to make income. They are now suffering because they don't have work and they need help. I have been giving them a monthly stipend to help them pay for food…

There is no restriction on helping illegal immigrants (a lot of charities do this); the issue is paying them for work done since they don't have work authorization.

aren't you "harboring" them, as far as the law is concerned? https://www.law.cornell.edu/uscode/text/8/1324

https://www.disciplesimmigration.org/wp-content/uploads/2017...

"Harboring is conduct that substantially facilitates an immigrant’s remaining in the U.S.illegally and that prevents the authorities from detecting the individual’s unlawful presence. (U.S. Court of Appeals for the Second Circuit)

Harboring includes affirmative conduct such as providing shelter, transportation, direction about how to obtain false documentation, or warnings about impending investigationsthat facilitates a person’s continuing illegal presence in the United States. (U.S. Court of Appeals for the Third Circuit)

Harboring is conduct tending to substantially facilitate an immigrant’s remaining in the U.S. illegally. (U.S. Courts of Appeals for the Fifth Circuit) Harboring is conduct that clandestinely shelters, succors, and protects improperly admitted immigrants. (U.S. Court of Appealsfor the Sixth Circuit)

Harboring is conduct that provides or offers a known undocumented individual a secure haven, a refuge, a place to stay in which authorities are unlikely to be seeking him. (U.S. Court of Appeals for the Seventh Circuit)

Harboring is conduct that affords shelter to undocumented individuals. (U.S. Court of Appeals for the Ninth Circuit)"

(Could always say didn't know-- don't ask don't tell)

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

#229

Post by rwmj »

dkochmex wrote: post #7

Hey Peter, Thank you so much for doing this! Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate thi…

My ESTA was revoked (unilaterally and with no reason ever given). I waited on a B1/B2 in Administrative Processing for basically 12 months - all of 2019.

It's a frustrating process because there is literally no information available when the application enters this state, although my suspicion is that this is because nothing is being done.

Anyway it might have been longer but eventually the company's legal team collected statements from all the people this had happened to and they were submitted to one of the US Senators in the state where the company is based. My visa was issued shortly afterwards.

Not sure what message you can take from this except perhaps that the whole system is crazy (arguably even corrupt?)

(To head off the first question: No I don't have any criminal record, and there is no reason anyone has come up with as to why the ESTA was revoked.)

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

#230

Post by avthar »

proberts wrote: post #110
avthar wrote: post #2

For international students in the USA who are looking to found a company, what's the path look like immigration wise? I know you can go down the H1-B, O-1 or Green Card route, but what do you commonly advise?

Do you mean while a student or after you graduate?

How about both cases.

As a student you're on CPT and OPT. And after you graduate, OPT.

Is there a huge difference?

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