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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

#331

Post by nutjob2 »

kotxig wrote: post #324

I am a greencard holder currently living in the UK due to the coronavirus pandemic. I have a re-entry permit but I am concerned about taxes while I am in the UK. If I rescind my greencard will I have a more challenging time securing a non-immigrant or immigrant visa in future? I was considering rescinding the greencard and going through the H1B or O1 route in future.

What are you tax concerns exactly?

You have to file a US but generally you can avoid double taxation, especially on the first $100,000. If you have business income it's generally a good idea to incorporate and have the company pay you to get the full tax benefits. Incorporation generally gives you a lot of flexibility tax wise.

If you abandon your green card you'll have to pay capital gains on all your assets as if you sold them, I believe.

PS: I am not a tax lawyer, but that's a quick overview

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

#332

Post by on_h1b1 »

I have a SSN and I had a past job and past job visa in the USA.

In general, what is the purpose of the SSN and is there any use for the SSN?

With the context of H1B1, same question as above: Is there any use for the SSN in the context of a new H1B1 application?

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

#333

Post by on_h1b1 »

martin_ wrote: post #166
santiagosada wrote: post #147

Mexican + Spanish national here. I dropped out off college to do my YC startup. I'm aware TN visas require a degree, but as far as I can see that's not the case with O-1. Even if it's technically not a requirement, would you say this will significantly affect my O-1 chances?

fwiw i am on an O-1 without a degree, and didn’t have any trouble

martin_ What did you do?

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

#336

Post by proberts »

augustus0 wrote: post #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 th…

Really both. First, your company can post the notice of filing electronically so that's not a real issue. But yes, there's a chance that PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet so I guess in the end I don't buy that approach. I just don't think it makes sense to base decisions on things that might happen.

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

#338

Post by proberts »

Natsu wrote: post #304
proberts wrote: post #192

Earlier quoted context omitted.

If that happens, then I think premium processing will be suspended and the processing of any application or petition by USCIS will take forever; I think USCIS effectively will come to a halt.

What will happen to those filing an I-751 if USCIS is basically shut down for a while due to a furlough? Will there be any special considerations for those who may have to file during the time the USCIS is operating at minimal capacity?

I'm sure that filings will be accepted and receipt notices eventually issued; it's just that decisions/approvals will take forever.

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

#339

Post by dandroidguy »

on_h1b1 wrote: post #332

I have a SSN and I had a past job and past job visa in the USA. In general, what is the purpose of the SSN and is there any use for the SSN? With the context of H1B1, same question as above: Is there any use for the SSN in the context of a new H1B1 application?

SSN is your identity in US. Need SSN for getting a phone, car, house, etc as well as bank accounts, credit cards and so it is pretty important. Not relevant in context of new H1B except that the visa officer might expect it given you had a past job visa.

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

#340

Post by proberts »

lord_sudo wrote: post #307

Can you transfer your existing H-1B to your new company if the new company has a board/co-founders who have the authority to fire you? Edit: This assumes that you did preliminary work on a company while on an H-1B.

Yes, it's possible to get an H-1B petition approved through a company you have founded and own a substantial interest in. The question (for USCIS) is whether it's a real business (that is, whether it has clients, products/services, revenues, employees, etc.) and whether a valid employer-employee relationship exists (that is, whether you can get fired). The existence of a board that you don't control and can't control through appointments, the existence of an employment agreement, etc. all can go to showing that a valid employer-employee relationship exists - but USCIS has to believe this and not infrequently doesn't.
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