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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

Is there any possibility that the Fairness for High-Skilled Immigrants Act of 2017 ( https://www.congress.gov/bill/115th-congress/house-bill/392/... ) would see the light of day anytime soon? This act would eliminate the per-country numerical limitation for employment-based green card petitions. Also, what would be the implications if this bill does become law?

Although this bill has large number of co-sponsors from both sides (D-163, R-139), I'm not very hopeful. The same bill (HR 3012) passed house in 2011 (Y-389, N-15) but died quietly in the Senate subcommittee. Despite all the rhetoric and name-calling, neither party seems genuinely interested in immigration reform.

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

#292
Hi Peter, Thank you so much for taking the time and helping us out.

I am on H1B with I-140 approved under the EB2 category. My priority date is in the year 2013 which means it will be current by the year 2025.

Is there a way to move from Eb2 to Eb1 category? You mentioned a couple of options regarding journal/conference work. I want to learn more about it and explore these options.

Thanks again.

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

#294
post #273

Earlier quoted context omitted.

Is this an academic J-1 or a non-academic J-1?

I don't know where I can find the answer to this question but I guess it's academic since I am a visiting research scholar here at UC Berkeley.

Based on my experience in almost the exact scenario (different University), you'll have to get a new visa, as I did for my internship(s).

There are a few programs under the J-1 visa. You are most likely in a long-term scholar or a short-term scholar program, and want to switch to an internship program.

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

#295
Hi, Peter! Thanks for doing this.

I live in the US (green card) and I founded a US company with someone who lives in the UK. Currently, I take care of development in the US and he takes care of sales, which are mostly in the UK at the moment. We are also both directors of a UK subsidiary.

What would be good options for enabling him (and his dependents) to move to the US once we expand our customer base? We have been looking into the L visa for intra-company transfer. Does that seem reasonable? Are there other options for a young company with relatively small revenue and no outside investment?

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

#296
post #92

What do you think of the current situation of (ex-)DACA recipients? Do you think the tech industry in general would benefit legalizing those "dreamers"?

I'm currently a DACA recipient. I got my DACA 4 1/2 years ago. In those four years I went from no job, to a full-time developer, to a CTO of a multi-million dollar company that oversees a team of 9 developers. Our company went from 9 employees to over 40 in that amount of time.

There are so many similar cases of DACA recipients flourishing. Many are devs or designers having a tremendous impact in tech, and many more are entrepreneurs.

We, Dreamers, have been waiting for 20+ years for an opportunity like DACA that allows us to show the US what we're made of and that we really are no different. We just need to be given a chance to be productive and help pay back for the marvelous opportunities we've been given.

I can't tell you how excited I am to be able to legally pay taxes. It's a weird feeling but it's fantastic!

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

#297
I currently have DACA with no way to adjust status. I'm married to a US citizen (however no valid proof of entry), are there are ways to adjust status without leaving the US. Perhaps with a sizable investment/stake in a company in the US?

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

#298
post #65

Earlier quoted context omitted.

Here's the PDF if you want to crunch the numbers: https://www.uscis.gov/sites/default/files/USCIS/Resources/Re... This is FY 2011-2012, not sure if there are more recent PDFs.

We can go for the raw data. https://www.foreignlaborcert.doleta.gov/performancedata.cfm#... 170+ MB .xlsx. Tried doing some stuff with it on a 12 core 64 GB RAM workstation. Took way too long and LibreOffice crashed a few times. Google Sheets doesn't want to touch it even.

pandas is your friend

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

#299
post #267

Earlier quoted context omitted.

Yes.

Wait, I'm confused... not the OP but if this guy is coding for this business (the one he doesn't have an H1B for), I thought it didn't matter if he was getting paid or not. This is "productive work" right? As in, it has value so is problematic. Or do I misunderstand the rules?

In the spirit of the law/regulation that's even worse: as an immigrant without permit to do that, he'd provide unpaid labor undermining ability of other people compete for this job.

Edit: of course IANAL. And in other words, as I understand it, work permits limit strictly to what extent can you affect competition in the country (H1b - only one FT job position). And by filling in vacuum of required labour somewhere else you definitely affect it negatively.

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

#300
I am a US citizen, and was born abroad, and live in the EU. I've never lived in the US, nor worked there for a single day of my life. As such, I've never filed income in the states. I never got asked to do so, either. Due to IRS regulation i currently am in tax noncompliance and on the potential hook for what i guess something like 200K in penalties. I work in IT and my dream is to work in the bay area eventually, but I do not see the point of spending ~2k in paperwork to go through the "streamlined procedure" to bring myself into compliance, and then to be liable to report all my income a lifelong and potentially pay taxes in the US as well as i make more than 100k gross/yr. I don't want to move to the US forever, but maybe a few months here and there would be nice. The opportunity cost of doing that is astronomical, though, if i factor in a lifetime of added accounting costs and additional taxes, just for a few months of time spent in an area. Is there anything I can do to make this happen, but not have to hemorrage money? How can i legally work in the US without having to oblige myself to a lifetime of IRS bullshit? I already pay 52% taxes in my country of residence. Any non-US resident who was born abroad is pretty much in my same boat.
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