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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

#401

I'd like to make money off an open-source project that uses files from a commercial games (legally) installed assets. Is this possible?

I think this thread is intended for immigration legal questions, not just general legal ones.

Oh ok. I'll delete if I can figure out how!

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

#402

Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?

While I agree that Peter's suggestion is the safe thing to do, based on the following tweet from the official account, if you were in the country legally on 06/24, the proclamation doesn't seem to apply.

https://mobile.twitter.com/TravelGov/status/1285331446232743...

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

#403
Hello, I just got informed that I passed the interviews at google and got accepted by the hiring committee. I am a Mexican and I went to college and passed all my courses but I don't have my title yet (a very common situation here in Mexico), it might take a year or 2 to do the paperwork to get my college degree. The recruiter told me I will start working remotely and then after covid move to the us, what are my options? I have been working as a software engineer in Mexico for two years. I know the TN visa from nafta would be an option for me but I am not very informed, could you help me?

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

#404
post #246

Earlier quoted context omitted.

Q1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as S-Corp) and starting a C-Corp can get very expensive (tax based on the number of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.

I've always thought converting an LLC to a C-Corp is either not possible or prohibitively expensive, even for a growing startup. Is that the case? Also Nevada? That's new to me!

LLC to C-Corp is easy and inexpensive.

There can be huge tax consequences of going the other way around, though.

I've been involved in several startups which enjoyed favorable tax treatment as an LLC, and then converted to a C-Corp upon the first round of outside financing.

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

#405

I'm a bit surprised that there are so many Canadian & Europeans wanting to get into the US to work at this point given our rapidly deteriorating political and covid19 situation.

My last job in Canada paid me $70k CAD, or $52k USD. The same job in the US would likely pay me $115k USD.

Consider that your cost of living may be dramatically higher in the US and what you can do with what you have left over may not leave you any better off.

Certainly, you're not talking about working in the Bay Area because a $115K total compensation is borderline impossible to live on anywhere between SF and SJ.

Your thinking could be right, however I would say it depends heavily on where you're living now and where you plan on moving to. 70K CAD in Ottawa or Montreal is going to get you infinitely further than 115K USD in SF or SJ. You'd probably need closer to 200K in SF to match that lifestyle.

Instead of comparing your $70K CAD salary at home by converting to $52K USD at market exchange rates, you should adjust it via purchasing power parity (as you are looking to figure out how far your new pay would take you in your new home relative to what you have now -- not make a purchase in the other country with foreign money). $70K CAD, adjusted for PPP is $75K USD. If you did the same notional conversion for $115K USD in San Francisco (where real estate is 7X the national average price per square foot) you'd probably wind up at $50K.

Now if you're planning to save money and send it home, that's different.

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

#406
post #369

Earlier quoted context omitted.

What do you find absurd in “someone who illegally entered on the soil of a sovereign state”? Because it seems to me then that you find the very concept of law absurd.

Law? No. Borders? Certainly. Is this as uncontroversial as you assume? My conservative friend was laughing earlier this week when he found out he can't go to Canada anymore because it's closed to Americans. He pointed to the woods north of his yard and said "the border is an invisible line buried in there somewhere." This is also unrelated to the terminology of "illegal immigrant," insomuch as an immigrant is a perso…

It’s clearly not his existence but his presence at $CURRENT_LOCATION because he immigrated illegaly. In my view you get an absurd result because you exchanged two words in a context where it is absurd to do so.

Everything is clearer if you find borders absurd, but I personally find difficult for the exact same arguments to not find private property absurd, which is of the same nature and as abstract (why couldn’t I go on your lawn or drink the juice in front of me event if you have this so-called ‘property’ of it?).

My take on the issue is this: a territory is the possession of the moral person which is the state or the macro entity called ‘country’. Like a cell, it survives because of its borders, and it is as a real entity superior to the sum of its of inhabitants as you are superior from a random arrangement of cells / atoms.

In my view they form “macro”-organism and war for example are battles for resources. Territories are to human groups the same as to herds of cows. Just at a much larger scale and with precise and written conventions between the herds.

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

#407

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.

This is what PEOs exist to support. Here's an example: [1] [1] https://peoworldwide.com

Thanks! I will definitely have to research this.

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

#408
post #123

My question is related to green card holders that went back home to spend quarantine with family. Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC? For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?

Yes, it is possible to lose a green card if one spends too much time outside the U.S. but there are steps one can take before leaving the U.S. to protect one's green card (that is, apply for a reentry permit) and steps one can take to reactivate a green card if stuck outside for a very long time (more than one year) (that is, apply for a returning residence visa). There is no exception to the reset - one year continu…

Yes but that process is very unfriendly. First you need to know you are going to spend over 1 year abroad. Since you can only apply before you leave. Second it takes month to approve and costs 500+ USD to apply for that permission.

If you left without the intent to stay longer than a year and had to extend for unforeseen circumstances (say a global pandemic heavily reduced air travel options) than you are out of luck.

For me it would be more convenient to spend 6 months abroad and then a couple months in the US then go back and spend another 6 months abroad.

If I do that technically I'm complying with all the rules and my green card should be safe while also not reseting my clock for citizenship. But the USCIS seems to be a bit vague on what would happen if I did that.

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

#409

Canadian citizen here, working at a late stage startup. I could not fly out to renew my visa due to the pandemic, so we went through USCIS. My visa appeal has gone into an RFE, and there is a chance it could get denied. I have a couple more months left. Do American companies have to do anything special immigration-wise for an employee to work from Canada (either temporarily or permanent)? Or is it just a matter of me…

Really, the company doesn't need to do anything since US immigration doesn't apply. What's the job and what's your educational background?

My educational background is a Canadian Bachelor's in an unrelated engineering branch (chemical). I took a few CS courses, got some experience, and have been working in the US for the past 5 years as a software engineer on TN at multiple places. I'm now getting RFE pushback on my latest renewal (same job - backend engineer) that I do not fit the software engineer designation, so our team is seeing what they can do.

I thought there would be major accounting/tax headache for my company to have employees in Canada, although it wouldn't be an immigration issue for me. If it was as easy as flipping a switch, I'd make the move. I also have another US job offer that is going through the same issue (RFE), so I'm sensing a pattern here.

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

#410
Hi,

I am a LPR and applied for a GC for my spouse 1.5 years ago.

Our I-130 was approved last March, however NVC has never receive the file. It seems that USCIS just never transferred the file to NVC even after more than 4 months.

We have sent multiple requests to NVC Research, and recently made an Ombudsman request however this does not seem to help.

What are our options at that point if USCIS just holds our file hostage for no reason?

Thank you.

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