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Old Sep 28th 2017, 6:29 pm   #16
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Default Re: Employed in the UK, long term business VISA for US

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Originally Posted by shiversaint View Post
I agree with Pulaski. The allowances are vague (probably deliberately so), and how you define work is going to be an issue. I don't agree that "a short period" includes 6 months (or a year if somehow OP gets his i94 extended, which I think is unlikely). Looking at the list, very few of those items ever take more than 6 months, or at least require physical presence for 6 months or more, and those that do, would be in situations whereby there is enough money involved to prompt a formal working visa sponsorship.

Did you read the B1 regulations? They don't state "a short period". They state "a specific limited period of time" and go on to actually define what that means - i.e. a period of up to 6 months per trip with a possible extension of an additional 6 months. Those aren't my definitions - they are actually specified in the B1 regulations.

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Originally Posted by shiversaint View Post
I normally look at the B1/B2 as an alternative for those who are VWP ineligible, and it's pretty clear what's expected of the typical traveler: less than 90 days, and staying out of the US for at least as long as your previous visit.

The operative word being "normally". I agree that the OP's situation isn't "normal" in that he is testing the limit - but again it's the limit stated in the B1 regulations.

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Originally Posted by shiversaint View Post
OP hasn't said whether he/she is VWP eligible, and if so, getting a B1 is going to be hard in the first place. OP will have to explain why the VWP doesn't work, which will include revealing that longer term work will be going on, for a US company that isn't sponsoring, whilst being paid from the UK. All sorts of red flags there, let alone the tax mess, and then the medical coverage obligations...
Yes and that's why it's probably worth consulting with an immigration expert so see if the B1 route is worth pursuing.
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Old Sep 28th 2017, 6:54 pm   #17
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Default Re: Employed in the UK, long term business VISA for US

What about an L-1 visa? I thought the purpose of the L-1 was for this type of thing.
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Old Sep 28th 2017, 7:25 pm   #18
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Default Re: Employed in the UK, long term business VISA for US

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What about an L-1 visa? I thought the purpose of the L-1 was for this type of thing.

It's not the same company so it's not an intracompany transfer.
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Old Sep 28th 2017, 9:51 pm   #19
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Default Re: Employed in the UK, long term business VISA for US

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Originally Posted by MarylandNed View Post
Did you read the B1 regulations? They don't state "a short period". They state "a specific limited period of time" and go on to actually define what that means - i.e. a period of up to 6 months per trip with a possible extension of an additional 6 months. Those aren't my definitions - they are actually specified in the B1 regulations.

The operative word being "normally". I agree that the OP's situation isn't "normal" in that he is testing the limit - but again it's the limit stated in the B1 regulations.

Yes and that's why it's probably worth consulting with an immigration expert so see if the B1 route is worth pursuing.
That's all well and good, but the rules that the State Department and US consulates apply for issuing visas are different from the rules that USCIS and the CBP immigrants officers use for admitting visitors to the US. So it is perfectly possible for the consulate to issue a B-1 visa and the CBP officer to deny entry because of the use that the properly-issued B-1 is being attempted to be used for.

Just because you can get a B-1 issued under the circumstances of the OP in this thread is absolutely no guarantee that he will be able to use it under the circumstances you are envisaging. ...... And in any case that still doesn't avoid the tax-nightmare that you would create as an overseas-paid tax-resident "visitor".
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Old Sep 29th 2017, 4:23 am   #20
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Default Re: Employed in the UK, long term business VISA for US

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Originally Posted by Pulaski View Post
That's all well and good, but the rules that the State Department and US consulates apply for issuing visas are different from the rules that USCIS and the CBP immigrants officers use for admitting visitors to the US. So it is perfectly possible for the consulate to issue a B-1 visa and the CBP officer to deny entry because of the use that the properly-issued B-1 is being attempted to be used for.

Just because you can get a B-1 issued under the circumstances of the OP in this thread is absolutely no guarantee that he will be able to use it under the circumstances you are envisaging. ...... And in any case that still doesn't avoid the tax-nightmare that you would create as an overseas-paid tax-resident "visitor".
Jeez! I already said there was no guarantee - just that it might be something worth investigating with the help of an immigration expert. Ok, I think we've flogged this dead horse enough.
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