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

Re:I'm Peter Roberts, immigration attorney who does work for... by kentosi on Wednesday July 05, 2017 @01:44PM (#14704571)

Hi Peter, Australian here on an E3 that's converting to an H1B.

Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account?

I know I'm not allowed to have any other income, but I assumed that was only for the US.

Thanks in advance!

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Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Wednesday July 05, 2017 @01:49PM (#14704624)

Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.

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Re:I'm Peter Roberts, immigration attorney who does work for... by anarazel on Wednesday July 05, 2017 @01:53PM (#14704664)

Is it possible to have an Australian LLC equivalent or somesuch that collects the payments?

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Re:I'm Peter Roberts, immigration attorney who does work for... by vincentmarle on Wednesday July 05, 2017 @02:30PM (#14704967)

I looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.

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Re:I'm Peter Roberts, immigration attorney who does work for... by anarazel on Wednesday July 05, 2017 @03:22PM (#14705367)

Right, you've to report it. But the question is if that's actually against the rules - it's not entirely clear to me. I'm personally lucky enough to now have a greencard so I don't have to worry about it anymore...

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Re:I'm Peter Roberts, immigration attorney who does work for... by dergachev on Wednesday July 05, 2017 @01:59PM (#14704723)

I'd like to know this as well.

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Re:I'm Peter Roberts, immigration attorney who does work for... by corn_dog on Wednesday July 05, 2017 @02:29PM (#14704964)

Out of curiosity, why would you convert to an H1B?

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Re:I'm Peter Roberts, immigration attorney who does work for... by kentosi on Wednesday July 05, 2017 @02:40PM (#14705039)

Primary reason: The E3 is a non-intent visa, meaning that you can't apply for the Green Card on it. Your only choice is to convert to H1B first and then apply.

Other reason 1: You can transfer to another job easier while remaining in the US (if they do an H1-transfer). Doing so with the E3 is a huge grey-area with various blogs saying different things.

Other reason 2: If I get fired I have a few days to pack my life and leave the country. With a H1B I recall the period being longer to find another job.

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Re:I'm Peter Roberts, immigration attorney who does work for... by arkem on Wednesday July 05, 2017 @05:58PM (#14706435)

I successfully went from E3 to Green Card without getting a H1B first.

It's a more annoying path (there was a ~6 month period in which I couldn't leave the US) and riskier (more ways to end up rejected). That said the H1B route would have taken significantly longer even if I won the lottery.

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