Live data from Hacker News

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

news.ycombinator.com

451–460 of 479 posts

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

#451

My wife moved here last year on a K-1 Visa and currently has her EAD while awaiting her green card which has been delayed even further than normal due to Covid-19 office closures. She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this l…

This should be illegal https://www.uscis.gov/i-9-central/employee-rights-and-resour...

My wife had the same experience during our green card process when she was on an EAD and a company said they couldn't proceed until she got her green card. Now, I don't think it was on purpose. The person she was talking to was young and, while most Americans know what a green card is, probably very few know what EAD is so they'll just default to the safe answer.

Your wife should probably answer with "I have legal work authorization in the US" and leave it at that. Really, this is what the recruiters should be asking as well, not whether or not she has a green card.

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

#452
post #406

Earlier quoted context omitted.

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…

> private property absurd It kinda is though. > (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?). Sort of for similar reasons you can't cross an invisible line - though the argument falls apart if you start taking juice out of my hand. Your argument is interesting, but of course I disagree that the "moral" possessor of the property (nearly every nat…

You have a pretty interesting take on that matter however I have to disagree with you. Firstly you can’t compare nations of the past where the horse or the boat where the fastest means of transportations and where the vast majority people were often bounds to some lands. There are few examples of peaceful long term human migration between established states at the scale of what is happening right now in the US.

Secondly, considering that property, unless of immediate usage, is absurd and immoral is a pretty bold claim. I know literally no one, even monks, who live at the full extent of what it means. Basically ascetism is the only real way of achieving it. Unfortunately I consider one’s opinion meaningful only if one has skin in the game related to it.

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

#453

Earlier quoted context omitted.

> 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. People raise families on less than that. If this person is single, they can certainly live very comfortably in the Peninsula.

Sure that's fair, that may be hyperbolic (outside SF and SJ), but I stand by the idea that 70K CAD in Canada will go just as far if not further than 115K USD in the Bay Area. Let's break it down: - 70K in Ontario per year is $4400CAD per month after tax. - A two bedroom apartment in the Glebe in Ottawa (~Mission type vibe) is about $1800-2000 per month on Zumper, leaving you with $2200-2400 after tax. On the other ha…

First off, you're probably earning more than 115k in the Bay Area.

I moved from Canada and went from $90k CAD to $180k USD. Even with the high cost of rent, I can save more here than what my take home pay was in Canada. I'll admit though that I don't have kids and I don't have health conditions. That would change the equation a lot.

Additionally, the ceiling is higher here. I felt like I was approaching the ceiling in Canada unless I wanted to move to Toronto.

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

#454

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 , 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 e…

Google should have its own legal department that can help you. I would ask your recruiter to connect you to them.

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

#455
I came on a TN visa and now have a E37 green card sponsored by my company where I work as a software engineer. The GC was issued 1 year ago but I would like to look at changing companies while still being in an SE role.

Is there anything I should be aware of with regards to citizenship if I should apply in 4 years?

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

#456
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 y…

My tax concerns are essentially being unable to leverage the tax efficiency vehicles while working in the UK. i.e. having to pay tax in the US on income that attracts zero tax in the UK.

My actual concern is about going through the immigration system in future if I choose to rescind my green card. I understand that it isn't a pleasant experience I just wondered if it becomes any more challenging from having held an immigrant visa in the past.

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

This is only true for certain holders with wealth over a certain amount, I wouldn't attract the exit tax.

It's more about being able to make good financial decisions if I am to stay in the UK as I'm uncertain at the moment. My plan was to study in the UK but given the situation (no access to the campus makes zero sense to me) I have a job in the UK now.

Engineers are paid what seems to be a significant amount less but there are many vehicles that optimize the taxes on that income. For example, tax free pension contributions are up to 40k/year (about $50k). You can also invest 20k per year of post-tax money in an ISA and pay zero tax on the earnings through interest and dividend. There are also tax allowances for interest on saving, captial gains allowance, entrepreneur's relief in addition to the personal income tax allowance. Stock options for employees are often very tax efficient too (10% tax). I think I worked out my total personal tax liability as about 19%.

So to be efficient with your money in the UK you need to leverage these vehicles. A 100k GBP London salary can be as efficient as a $170k Salary in SF, and that's before considering cost of living, co-pay on healthcare etc. If you have to pay tax on worldwide income in the US, it completely erases the savings these vehicles offer, so you end up with a tax bill equal to the difference between what you have paid in the UK and what you would have paid on the same income in the US.

Not to mention, companies that offer investment platforms for ISAs and SIPPs (do it yourself pension investment) will offer accounts to US residents due to the FACTA reporting overhead.

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

#458
post #455

I came on a TN visa and now have a E37 green card sponsored by my company where I work as a software engineer. The GC was issued 1 year ago but I would like to look at changing companies while still being in an SE role. Is there anything I should be aware of with regards to citizenship if I should apply in 4 years?

Anecdata: I have a couple of friends that switched companies as soon as they got their green cards that are US Citizens now.

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

#459
post #185

Earlier quoted context omitted.

Thank you for this comment, it made my day. I usually see posts wanting skilled immigrants out. The last few months have been especially bad due to the various policies that have been adopted.

> I usually see posts wanting skilled immigrants out. You have your answer there. There are a lot of Americans who love and welcome immigrants (and I know many of them – 99% of my friends are American), but there are also many who hate immigrants , and of all places, many of these immigrant-haters have found a home at HN. (Open up any HN thread on US visas and immigration, and the level of immigrant-hatred and xenoph…

This framing is disingenuous. The Republican objection was to the illegal immigration aspects of the bill:

https://web.archive.org/web/20160128153454/http://www.herita...

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

#460
post #453

Earlier quoted context omitted.

Sure that's fair, that may be hyperbolic (outside SF and SJ), but I stand by the idea that 70K CAD in Canada will go just as far if not further than 115K USD in the Bay Area. Let's break it down: - 70K in Ontario per year is $4400CAD per month after tax. - A two bedroom apartment in the Glebe in Ottawa (~Mission type vibe) is about $1800-2000 per month on Zumper, leaving you with $2200-2400 after tax. On the other ha…

First off, you're probably earning more than 115k in the Bay Area. I moved from Canada and went from $90k CAD to $180k USD. Even with the high cost of rent, I can save more here than what my take home pay was in Canada. I'll admit though that I don't have kids and I don't have health conditions. That would change the equation a lot. Additionally, the ceiling is higher here. I felt like I was approaching the ceiling i…

I agree, I was specifically using the numbers OP provided without geographic hint and saying that blanket rules don’t apply and you should really use PPP instead of exchange rate to compare against a notional dollar — and consider the PPP of the city or state you want to work in the US.

What matters isn’t how much you’re making but how far it will take you in the new home you’re considering as compared to how far your current salary will take you in your current home. Of course, if you’re making $500K-600K as a staff engineer in the Bay Area there’s a different conversation to be had.

Post reply on HN