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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

#291

Post by tokensimian »

winter_blue wrote: post #261
senpost wrote: post #4

Can a H1B visa holder start a company? What are the options for H1B visa holder to do side projects for money? Thank you.

No, you cannot start a company. You also cannot work (i.e. get an H-1B approval) for a company that you own or control in any way. Regarding side projects for money, I'll copy my answer I gave elsewhere[0]: You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibite…

As a US citizen an HN community member, this super sucks.

What is the likelihood that someone is deported within a 5-10 year period for having an app on the iOS/Android stores, provided that app isn't like a huge company? (eg. I ask specifically because its silly for the US to have those restrictions. We (I) want people like this to join our economy!

How can I help?

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

#292

Post by tokensimian »

winter_blue wrote: post #264
rileyt wrote: post #53

I have a TN and I would like to learn more about the legality of passive income forms like advertising, affiliates, etc. Where or who is the right place to get info on this? Thanks!

Copying from another answer[1]: You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibited while you are on a visa. With a green card or U.S. citizenship, you have the freedom to sell apps, write books, etc. Companies are required to report any income you earn whi…

You have repeatedly c/p this answer in this thread. I apologize if this comes off as rude, but why are you doing that? What is your experience or qualifications to provide such advice?

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

#293

Post by kevindeasis »

mynameisvlad wrote: post #255
kevindeasis wrote: post #246

Earlier quoted context omitted.

>Green card will not take 8 years unless you were born in India, China, or the Philippines What if you have a Canadian citizenship? Is it still 8 years? >There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS So, when I first get my TN visa, I cannot leave the country without any of those papers? How long does my first TN visa last and if that expires I have to wait for…

It's not based on citizenship, purely birth country. You can search for priority dates and they get updated monthly. It will take a few years for China, India and the Philippines but if you were born outside those three countries you just have to wait through the processing. Your visa will initially be valid for 3 years. It can be extended a few times. Ideally you'd have at least a year left on your current visa when…

Thanks Vlad! It was very informative and helpful!

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

#294

Post by tokensimian »

winter_blue wrote: post #265
perardi wrote: post #233

I work, remotely, for a private US software firm, and about a year from now, I'd like to move to Toronto to live with my partner. (Yay for long-distance relationships.) Is it practical to work remotely for a US firm in Canada?

I don't know Canadian visa law, but I would assume that your US firm needs to have an office in Canada to be able to sponsor a Canadian work visa for you.

If you are not a US immigration attorney, which your profile does not seem to indicate once I traced through a couple github profiles, you should probably resist the urge to be a top level commenter on questions submitted to OP.

Sorry if this is abrupt, but it sounds like you are frequently posting your interpretation of legislation. US immigration realities are frequently different. Even if you've had your own experience, it would probably be more useful to OP to hear from the expert rather than one person's experience.

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

#295

Post by matthewmacleod »

MichaelGG wrote: post #279
jacquesm wrote: post #242

Earlier quoted context omitted.

I wonder how many people are roughly in your situation and researching the same options.

If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?

I think the problem isn't so much being part of the EU as it is not being part of an isolated UK.

I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.

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

#296

Post by rrecuero »

rrecuero wrote: post #283
sesameoil wrote: post #137

Earlier quoted context omitted.

Wow this is such a great news to hear! Thank you so much! Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?

This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.

You are welcome. Try googling Self Petitioning H1Bs. I used http://myimmigrationattorney.com/h1b-visa-requirements/ in case it helps.

I don't have citizenship yet, I have the GC right now. I needed to provide documentation regarding the company like business model, certificate of incorporation, bank statements and financial situation.

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

#297

Post by sesameoil »

rrecuero wrote: post #283
sesameoil wrote: post #137

Earlier quoted context omitted.

Wow this is such a great news to hear! Thank you so much! Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?

This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.

Thanks for the reply, but my question was more about what comes after the green card.

Just to clarify, I too have green card.

If you google online https://www.google.com/search?q=leave+company+after+green+ca... most people talk about the "6 months rule".

Basically they're saying it's ok to leave immediately as long as you don't apply for citizenship. The problem arises when it's time for citizenship and they blame us for being a fraud. Were you aware of this?

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

#299

Post by Gh0stShip »

Hi, I'm planning a startup that will create barges or ships offshore, full of tech workers who would otherwise not quality for J, B, let alone O1 status. Power, water, food and waste would be delt with through pipe or a low cost bidder solution.

Given the history of the US, I assume there are numerous laws about slave ships and holds of human cargo. How can I structure my immigration dodge^W^W er startup to avoid entanglements?

I'm backed by top tier VCs in sandhill row, so cost is not a factor.

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

#300

Post by winter_blue »

tokensimian wrote: post #291
winter_blue wrote: post #261

Earlier quoted context omitted.

No, you cannot start a company. You also cannot work (i.e. get an H-1B approval) for a company that you own or control in any way. Regarding side projects for money, I'll copy my answer I gave elsewhere[0]: You will get deported and effectively be permanently banned if you receive income from any other source besides your H-1B / L-1 / other-visa sponsoring company/employer. Income from all other sources are prohibite…

As a US citizen an HN community member, this super sucks. What is the likelihood that someone is deported within a 5-10 year period for having an app on the iOS/Android stores, provided that app isn't like a huge company? (eg. I ask specifically because its silly for the US to have those restrictions. We (I) want people like this to join our economy! How can I help?

Any income (above 0) that is a result of working in the United States is illegal, unless it is for the company sponsoring the visa. Even a mere $100 of income from the App Store will be considered unauthorized, and could lead to deportation and potentially make them "inadmissible to the United States" (i.e. permanently banned). Please see: http://www.murthy.com/2014/01/28/home-based-businesses-inadv...
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