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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

#311

Post by raz32dust »

winter_blue wrote: post #272
raz32dust wrote: post #266

Earlier quoted context omitted.

Thanks. That is ridiculous though. I believe I can earn rental income from my property in India. How is app-store income different, say if I register my app in India?

This has to do with "passive income" . What is prohibited is working[1], not income[2] per se . You have to report rental income when you file your U.S. taxes. Work visa holders are allowed to have rental income, but that income has to be passive . I can buy a house in the US, and rent it out, but I cannot manage the property -- I have to hire a property manager. If a pipe breaks in the house, I am not allowed to fix…

Thanks for the answer winter_blue. Very helpful!

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

#312

Post by andrewmb »

winter_blue wrote: post #253
raz32dust wrote: post #206

Hi Peter, I have heard different answers to this from different people. Can I earn income from apps on apple store/android etc. if I am on a work permit in the USA? Does it matter if the app was initially launched when I was in India (my home country) or after I moved here? Thanks!

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 while you are in the US. If you mak…

Is this true? I know that as a US Citizen I'm required to pay taxes on worldwide income; but any lawful resident of the USA has the same burden? I'm a little skeptical that someone not on a permanent immigration path would be subject to this, but I'm neither an attorney nor an accountant so...

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

#313

Post by argonaut »

suryacom wrote: post #310
proberts wrote: post #181

Earlier quoted context omitted.

An H-1B might still be an option. Ownership is not a bar unless it rises to a controlling interest.

The fact that you are suggesting this itself is a joke. I would never suggest any one with a family from India on H1B to start a company. Because failure is not an option. If then, `he` will have to find another job in 10 days or leave the country.

Failure never happens instantly. You know exactly when you are going to run out of investment or personal savings, and can plan accordingly.

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

#314

Post by ankitml »

Hi peter,

I have an H1b petition approved till Aug 2017 but my visa hasnt been stamped.. can i get my petition extended even without having been travelled to US even once?

Also, if i have a valid visa but the petition gets expired. am i still eligible to work on the visa or the petition needs to be extended? can another employer get the petition extended for me?

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

#315

Post by sratner »

godbov wrote: post #263

I know that Australian citizens can use the E3 visa for working in the US. Do you know if Australian citizens can start companies in the US using the E3 visa? Is it something like, you work for the company you founded? What happens if the company fails, or runs out of money? EDIT: Updated question.

You may find these resources useful:

http://eliasbizannes.com/blog/2012/07/how-to-become-a-full-t...

https://geoffmcqueen.com/2011/09/28/e-3-visa-for-australians...

Essentially, you elect a board that hires (and, importantly, can fire) you.

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

#316

Post by sratner »

andrewmb wrote: post #312
winter_blue wrote: post #253

Earlier quoted context omitted.

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 while you are in the US. If you mak…

Is this true? I know that as a US Citizen I'm required to pay taxes on worldwide income; but any lawful resident of the USA has the same burden? I'm a little skeptical that someone not on a permanent immigration path would be subject to this, but I'm neither an attorney nor an accountant so...

Yes; in addition you might want to ask your accountant about FBAR and FATCA reporting requirements. Those usually kick in if the sum of maximum balances of your foreign holdings over the year exceeds 10k (including retirement and market accounts, and yes, this does apply if you move one dollar between ten thousand accounts over the course of the tax year).

Edit to add: As a US citizen you are required to pay taxes on worldwide income even while not living in the US. As a US tax resident, you are required to pay taxes on worldwide income only as long as you remain a US tax resident, i.e. you file a US tax return.

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

#317

Post by pbowyer »

When you are self-employed and run a successful company, is there a way to immigrate on that basis? Or do you have to find another company to work for, who will sponsor your visa application.

UK citizen, looking for a way out after yesterday's EU vote.

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

#318

Post by pbowyer »

sunshiney wrote: post #307
matthewmacleod wrote: post #295

Earlier quoted context omitted.

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.

Why would companies leave? Is not there benefit to waiting and seeing how the dust settles? I have lived long enough to know that any change is always disruptive and after time passes the initial reactions also pass.

Financial companies have a large incentive to leave if the passport scheme, which allows them to sell their services in the EU, isn't retained in its current form. Other companies - if you do business with the EU, and the trade agreement isn't so favourable, then relocating again makes sense.

There is benefit in waiting, but companies will be planning for the worst-case scenarios.

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

#320

Post by MacsHeadroom »

mehta wrote: post #228
mattieuga wrote: post #224

Earlier quoted context omitted.

Just needs to be <50%

yeah, this is my line of thought as well. But it gets complicated when there are two co-founds in the same boat :)

[Disclaimer: I am not a lawyer. I am especially not your lawyer, or anyone else's. This is not legal advise. I recommend anyone in this situation retain an attorney and ask them for legal advise on this subject.]

Get an angel check. One share in a billion leaves neither cofounder with a controlling interest.

For what it's worth, I recommend giving more like 2% for a sole angel, assuming their contribution runs little further than satisfying this control problem. But technically speaking, whatever somebody agrees to should solve the control problem.

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