Visa Waiver Program

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Old Jul 10th 2008, 11:16 pm
  #1  
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Default Visa Waiver Program

Hi,

I will try and give all the information I can but if you need more just ask.

A company in NY applied for an H3 visa for me three months ago however it is yet to come through. They want me to work for them for three months starting from August 1st as my current employment ends at the end of July and my new contract begins 1st November (timed to allow me 3 months in NY). The visa is yet to come through and even if it did come through in the next few days, organising a visa interview and being accepted is unlikely to occur by 1st August.

I am investigating alternatives. Could I enter the US under the VWP with my american employee paying my british employee for my time? Would this be complicated or relatively simple.

To make matters worse, due to business interests with this company, I;ve already visited the US 3 times this year for a total of approximately 20 days. Would this cause further problems?

Thank you in advance for any help. I have tried searching their website about this but they seem very vague about this sort of thing.

Matthew
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Old Jul 11th 2008, 1:04 am
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Default Re: Visa Waiver Program

Originally Posted by mrevie
Could I enter the US under the VWP with my american employee paying my british employee for my time?
Regardless of who pays, I'm pretty sure you are not allowed to work *in* the US on the VWP... and whatever you'll be doing, you'll be doing it *in* the US.

Ian
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Old Jul 11th 2008, 1:27 am
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Default Re: Visa Waiver Program

No no on VWP, probably happens though.
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Old Jul 11th 2008, 3:46 am
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Default Re: Visa Waiver Program

Originally Posted by mrevie
Hi,

I will try and give all the information I can but if you need more just ask.

A company in NY applied for an H3 visa for me three months ago however it is yet to come through. They want me to work for them for three months starting from August 1st as my current employment ends at the end of July and my new contract begins 1st November (timed to allow me 3 months in NY). The visa is yet to come through and even if it did come through in the next few days, organising a visa interview and being accepted is unlikely to occur by 1st August.

I am investigating alternatives. Could I enter the US under the VWP with my american employee paying my british employee for my time? Would this be complicated or relatively simple.

To make matters worse, due to business interests with this company, I;ve already visited the US 3 times this year for a total of approximately 20 days. Would this cause further problems?

Thank you in advance for any help. I have tried searching their website about this but they seem very vague about this sort of thing.

Matthew
Hi:

Something does not smell right. Although H-3 does allow some work, it is NOT the primary purpose of the classification.

IMHO, an H-3 classification is totally inconsistent with "B" visitor status [of which VWP is notionally a part of]. I'm analogizing this from old case law regarding the fact that B-2's can't come here to study -- and an H-3 is a training visa after all.
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