nickthebrit's post
Jan 29th 2008, 2:27 am
#1
Thread Starter
Joined: Mar 2003
Posts: 68,280
nickthebrit's post
and get all the info you need ..it wont vary much from here though ...
Surely a few $100 ain't gonna bother you ...
Jan 29th 2008, 2:36 am
#2
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Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
i agree, but surely a forum is supposed to help us... every immigration lawyer tells me to get a e2..(one year) and/or buy a green card, i have considerable assets in 5 countries that would then fall under irs taxation.... lawyers dont understand tax....
surely brits. who are as fortunate as me, must have found solutions,, hence being on here... but to expect personal and childish comments is disgraceful..
i have spoke to 5 lawyers, not one understands properly taxation on foreign held assets... they just understand getting a visa... without the tax knowledge
surely brits. who are as fortunate as me, must have found solutions,, hence being on here... but to expect personal and childish comments is disgraceful..
i have spoke to 5 lawyers, not one understands properly taxation on foreign held assets... they just understand getting a visa... without the tax knowledge
Jan 29th 2008, 2:42 am
#3
Thread Starter
Joined: Mar 2003
Posts: 68,280
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
The fact that you hae to declare income does not mean you have to pay US tax on that income if its taxed already ...
Jan 29th 2008, 2:51 am
#4
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Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
it is not the income that is the prblem, except Dubai... where i own a business and this is tax free.. so uncle sam can tax it over $80k.... it is the death duties and capital gains tax...
if i sold my business in Singapore then i would be liable to tax on the gain.. if i had a green card...
these are high profile finance business's, and everything has to be legal... all i want is to work here LEGALLY for a few years.....i dont want permanent residence..just the right to work...
i have been offered the chance to do a TV interview, but my lawyer tells me not too, because of the VWP issues.....madness,,,, and we are trying to create jobs... in a market thats dead, we ran an ad in the NYT and got inundated with high quality candidates.... that 2 years ago, we would have got one reply
if i sold my business in Singapore then i would be liable to tax on the gain.. if i had a green card...
these are high profile finance business's, and everything has to be legal... all i want is to work here LEGALLY for a few years.....i dont want permanent residence..just the right to work...
i have been offered the chance to do a TV interview, but my lawyer tells me not too, because of the VWP issues.....madness,,,, and we are trying to create jobs... in a market thats dead, we ran an ad in the NYT and got inundated with high quality candidates.... that 2 years ago, we would have got one reply
Jan 29th 2008, 2:52 am
#5
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Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
Just to put the record straight on a Subject Access request and access to files held on the PNC1/2 by the US Embassy or USBP or USDHS.
Without a specific warrant for the release of specific information on a specific person/target, there is no 'backdoor' access to information held on PNC1/2 or a way for the US Embassy to verify the authenticity of data reported on the Subject Access report.
As I stated previously, for purposes of Subject Access, the records are NEVER purged. There have been many instances of data not being recorded properly or not actually being recorded at all.
On the subject of Taxation, there is an agreement in place between the IRS and the Inland Revenue, whereby you are not taxed on UK assets/earnings, if Tax has been paid on them in the UK. I forget the name of the Form, but there is an IRS form, where you self declare the assets/earnings and they are then ignored by the IRS for taxation purposes. I suggest you contact a USA CPA who is familiar with Expat taxation.
Kind Regards
Peter
Without a specific warrant for the release of specific information on a specific person/target, there is no 'backdoor' access to information held on PNC1/2 or a way for the US Embassy to verify the authenticity of data reported on the Subject Access report.
As I stated previously, for purposes of Subject Access, the records are NEVER purged. There have been many instances of data not being recorded properly or not actually being recorded at all.
On the subject of Taxation, there is an agreement in place between the IRS and the Inland Revenue, whereby you are not taxed on UK assets/earnings, if Tax has been paid on them in the UK. I forget the name of the Form, but there is an IRS form, where you self declare the assets/earnings and they are then ignored by the IRS for taxation purposes. I suggest you contact a USA CPA who is familiar with Expat taxation.
Kind Regards
Peter
I know about the UK, but my assets are in 4 other countries.... income tax is not my worries, divis, CGT and IHT are
thanks
Jan 29th 2008, 2:54 am
#6
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,176
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
Now, now children.
No one is getting banned, this isn't a dictatorship, and really, nothing that warrants deleting. Also things shouldn't be left to PM, but kept open for public scrutiny so any corrections can be made.
No one is getting banned, this isn't a dictatorship, and really, nothing that warrants deleting. Also things shouldn't be left to PM, but kept open for public scrutiny so any corrections can be made.
Jan 29th 2008, 3:19 am
#7
Banned
Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
I have never mentioned my wealth or assets.... because i did not want to.. nor is it still relevant.... finding a good lawyer that understand tax... and a cpa that understands immigration in the US is very hard...hence "asking" on this section
this post is not about this but childish comments one/up manship games from other posts... this post is about the PNC not my ability to pay for a lawyer...
When you get a green card.. you have to patriate ALL your worldwide assets within 2 years....
All i want is to work here... visit my offices 48/5/6/7/ times a year legally.....
and see us based clients
Jan 29th 2008, 3:24 am
#8
Just Joined
Joined: Jan 2008
Location: Central Florida
Posts: 4
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
It may be worth you starting a new thread with your question, but I think an L-1A may be the way for you to go.
Kind regards
Peter
Kind regards
Peter
Jan 29th 2008, 3:26 am
#9
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
Rene
Jan 29th 2008, 3:27 am
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
Jan 29th 2008, 3:27 am
#11
Banned
Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
The L1A is what I am getting... despite numerous comments that I can't....
Last edited by meauxna; Jan 29th 2008 at 7:07 am. Reason: remove antagonizing chat; please keep to topic
Jan 29th 2008, 3:36 am
#12
Septicity
Joined: May 2004
Posts: 23,762
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
Jan 29th 2008, 3:36 am
#13
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Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
I'd like to return to Corsa's question: If one has been arrested and cautioned, does one have to disclose this on a US visa application? The answer is, "Yes, one should not lie on US immigration forms." Far too many of my consultations are with people who have mistakenly thought that a small indiscretion 10 years earlier would fall below the radar screen.
The DS-156 Application for Nonimmigrant Visa asks the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar legal action?" The question is plain enough and without qualification.
As I understand the use of a "caution," -- and I had to consult a barrister in England a year or so ago because I was faced with this question for a client -- the person cautioned is viewed as having committed the offense but the legal system has merely exercised its prosecutorial discretion and allowed this person off with a warning. However, it is effectively viewed as a guilty plea or conviction.
From the US point of view, the issue is NOT whether the matter still appears on law enforcement computers, NOR whether because of the passage of time one can finesse the answer, NOR EVEN whether one could-would-should run the risk of US immigration authorities ever finding out.
That, of course, is a lawyer's answer. On the other hand, I fully understand why ANYone would rather leave such an incident behind. I also understand it is only human to want the easiest path to what we want, and NO ONE wants to show up at the nonimmigrant visa window at Grosvenor Square carrying documents, computer print-outs, court docket sheets, etc. and to be put to the Question by a US government functionary.
Nonetheless, the downside risk can be considerable. I have several clients who were disqualified from getting legal permanent residency because of having misrepresented something in the past and must now apply for a waiver each time they apply for a visa to enter the USA.
--J
The DS-156 Application for Nonimmigrant Visa asks the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar legal action?" The question is plain enough and without qualification.
As I understand the use of a "caution," -- and I had to consult a barrister in England a year or so ago because I was faced with this question for a client -- the person cautioned is viewed as having committed the offense but the legal system has merely exercised its prosecutorial discretion and allowed this person off with a warning. However, it is effectively viewed as a guilty plea or conviction.
From the US point of view, the issue is NOT whether the matter still appears on law enforcement computers, NOR whether because of the passage of time one can finesse the answer, NOR EVEN whether one could-would-should run the risk of US immigration authorities ever finding out.
That, of course, is a lawyer's answer. On the other hand, I fully understand why ANYone would rather leave such an incident behind. I also understand it is only human to want the easiest path to what we want, and NO ONE wants to show up at the nonimmigrant visa window at Grosvenor Square carrying documents, computer print-outs, court docket sheets, etc. and to be put to the Question by a US government functionary.
Nonetheless, the downside risk can be considerable. I have several clients who were disqualified from getting legal permanent residency because of having misrepresented something in the past and must now apply for a waiver each time they apply for a visa to enter the USA.
--J
if it is minor... and released without charge then say so.... this happens all the time
If someone attends a station voluntarily, even with a lawyer and is not entered into the system, then they are OK....
remember everyone gets a local cro number, even if they are cautioned, accquitted etc.. the national cro, can be removed over time....
it is each country applies its own interrepations of our cro system.... remember DUI gets a CRO number... many people get caught on this....
Jan 29th 2008, 3:39 am
#14
Banned
Joined: Jul 2007
Posts: 39
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
all i have got is abuse from some people.... who must be aware that this is how we get around it....
we can work on a VWP... but no for a US enitity.. so we are visiting from our offshore parent.... thats all i have said for 3 months.... !!!!!!!
Jan 29th 2008, 3:55 am
#15
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,176
Re: L-1B visa application, old caution for shoplifting, VWP - HELP!?!?
As mentioned, your best bet is to get the US company to employ you abroad, and once you've been employed for a year, for them to transfer you on an L1 visa.
