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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
Hey Peter, thanks in advance.

I've been on an H1B for 4 years now and have had Greencard filed a few yrs ago. I've been working for almost 5 years and want to take a longer time off, two or three months sabbatical/unpaid leave.

I would still like to stay in US (my parents live here). Is this possible? Will I lose my visa or greencard status?

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

#312
This might be a strange question, but I'll give it a shot anyway.

Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficult to find locally and evaluate their ability to handle whatever the need is, without shelling out a decent sum of money upfront.

Maybe this is unique to us, or maybe others here have experienced this too (please chime in). I suppose what I'm asking is what are good ways to find local lawyers with the right specialization (most of the half-decent recommendation services I've seen online are paid services). Also, where are y'all hiding? Can I buy one of you a beer?

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

#313
post #164

Earlier quoted context omitted.

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...

To be clear, this is a individual strategy not a group one. It's moving from a place with a curve that spikes late, to a place with a curve that spikes early, such that you dodge both spikes. This doesn't work for society as a whole (which can't just up and move to dodge the virus).

Nor am I claiming that California has yet achieved any substantial degree of herd immunity. Just that projecting current rates forward I think you will before I actually end up moving there (it helps that I have a lot of flexibility).

That said, the 70% figure in your article is too high. Research [1] and experience in Sweden [2] suggests that there are substantial benefits at just 40%.

[1] https://science.sciencemag.org/content/early/2020/06/22/scie...

[2] https://translate.google.com/translate?sl=sv&tl=en&u=https%3...

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

#314

Hi Peter - My fiance currently works for a large tech company in the bay area, and is on a H1B visa currently. They would like to apply for their green card, but have been told by the HR that everything is on "pause", but they will continue to collect information in preparing the green card application. How true is this, and do we have any other options? To answer, no we do not plan to marry, though I know this can e…

I'm also going from H1-B -> Green Card. The first chunk of the process is with the Department of Labor and so they should be able to get started on that

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

#315

Earlier quoted context omitted.

How would that work? Surely, if they knew you'd lied they'd refuse your visa so you couldn't travel to USA. If they didn't know they would, possibly, give a visa; how would they later find out you'd lied if they didn't know in the first instance? Do they go and re-check visa applications? Do they lie and give visas to people just so they can lock them up for falsely acquiring a visa?? Didn't the current First Lady fa…

Like almost all crimes, they wouldn't care to prosecute most people. Tax avoidance is a crime. What percentage of people who lie on their tax returns get prosecuted anyway? But if you are one of the unlucky few whom they decide to prosecute, you will have a bad time. Read the articles about Sirous Asgari. I don't have any good articles which tells the whole saga, but use this as the starting point and search more on…

Just a small nit, but tax evasion is a crime. Tax avoidance is normal and expected.

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

#317
I'm a US citizen living and working in Canada. I work for an American company as an independent contractor. I own a Canadian Company as a sole proprietor. Given the space I am in, I have signed a BAA for HIPAA compliance with my client. Would it be wise for me to change the corporation to an LLC?

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

#318
post #315

Earlier quoted context omitted.

Like almost all crimes, they wouldn't care to prosecute most people. Tax avoidance is a crime. What percentage of people who lie on their tax returns get prosecuted anyway? But if you are one of the unlucky few whom they decide to prosecute, you will have a bad time. Read the articles about Sirous Asgari. I don't have any good articles which tells the whole saga, but use this as the starting point and search more on…

Just a small nit, but tax evasion is a crime. Tax avoidance is normal and expected.

Oops. Yeah, you are right. That's what I had in mind.

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

#319
Hi Peter,

I work for a large tech company that has recently announced internally that they will be putting all PERM filings on pause indefinitely. The reasons cited are:

— The 10-day in-house job posting is of dubious quality now because there is no one at the office to to see it (it's closed and empty because of Covid), and they believe the Department of Labor may notice this and refuse applications.

— Because of the current administration's outlook on immigration, they're worried that more filings will be audited/rejected, which could lead to more oversight on future filings for the company, making things more difficult.

They said a number of times that pausing all PERMs is a proactive measure — there have been no issues so far, but they want to make sure there never are any.

The basic premises seem to make sense, but it puts all of us running through the process in a difficult position. They wouldn't give any timeline for how long such a pause would last, but reading between the lines with office closures, it seems that it would last at least all of 2020, and probably well into 2021.

My question: Is what my company doing reasonable, or is it more of a situation where they're adopting a very conservative stance to reduce their own risk down to zero, even at the cost of putting all its employees into immigration limbo?

Thanks!

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

#320
Can you speak at all to how a US based company that is 100% remote should hire "employees" in various countries? Today we make most of them contractors, but are trying to understand if there is a better method. It seems particularly difficult especially when we only have 1 person in a given country.
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