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Old Jun 20th 2005, 5:04 am
  #31  
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Default Re: quick question

Originally Posted by dbj1000
Ray called me nasty!
Thanks Ray, you made my week.
No!! not you ... just the comment was a bit....
I don't give out compliments that easy ..
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Old Jun 20th 2005, 5:10 am
  #32  
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Default Re: quick question

I hate to be contrary - but when I asked about working for a UK company whilst being here on H4 (for my soon to be ex wife) I was told that the H4 holder was not allowed to partake in work that would otherwise be done by a US resident. Meaning... working for a European company is fine... working on ebay selling things to europe is fine provided the accounts you keep are english.

this wasn't an "on the record" type question but he was definitive and direct with his answer so I trust him.

I have no need of the information any more and said information is almost 2 years old but hopefully this is helpful.

When asking your immigration specialist make sure you ask them to study the location of the "none working" Visa and whether money can be earning from other sources than the US.

Always best to be safe than deported.
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Old Jun 20th 2005, 6:33 am
  #33  
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Default Re: quick question

Well, I'm certainly no expert, but I see the problems as:
1. The work is being performed within the United States.
2. Financial compensation is being received for said work.
I don't see how the two can be compatible no matter who is sourcing the funds. Otherwise, what is the difference between i) working from home for a UK company, and ii) Working 8 hours a day in a BP plant in Texas while recieving the pay in the UK?

Now, I think (but I'm far from sure) that you can use a B visa to temporarily work in the US for a foreign entity, receiving pay outside the US. A business trip, basically. But switching to a B visa will kill any chance of getting the green card.
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Old Jun 20th 2005, 7:15 am
  #34  
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Default Re: quick question

Originally Posted by USBound
I hate to be contrary - but when I asked about working for a UK company whilst being here on H4 (for my soon to be ex wife) I was told that the H4 holder was not allowed to partake in work that would otherwise be done by a US resident. Meaning... working for a European company is fine... working on ebay selling things to europe is fine provided the accounts you keep are english.

this wasn't an "on the record" type question but he was definitive and direct with his answer so I trust him.

I have no need of the information any more and said information is almost 2 years old but hopefully this is helpful.

When asking your immigration specialist make sure you ask them to study the location of the "none working" Visa and whether money can be earning from other sources than the US.

Always best to be safe than deported.

I was thinking the same thing, a post from a Canadian working remotely for a Canadian company regarding only Canadian issues and it was OK?. Which seems logical.

Tax is another issue, after all a H4 can have income without working and have tax to pay.
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Old Jun 20th 2005, 1:31 pm
  #35  
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Default Re: quick question

ok, let me phrase question 2 again:
does anyone have any experience of trying to work as a sole trader (ie as a consultant for a company. ie you create a company called iwantasensibleanswer.com and you're the only consultant/employee) for UK based clients while based in the states? ie you're legally based in the UK, you're doing work for a UK company and being paid in the UK. (because of the tax treaty you're not taxed twice, before anyone states that, you still have to file here but the tax you pay in the UK goes against your tax here).
the way i understand the people at the immigration office of my employer, h4s cannot do anywork normally performed by a US citizen, internships yes but not "specially created roles that a US citizen would normally be paid for". internships only.

i'm not after "no" and then no explanation,. nor am i after "can you get a chicken to do the work and still get paid?". if you can expand upon the answers and stay within the frame of the question that's the answer i want.

i've concluded that b-visa is not the way to go. i've concluded that as we'll be together when we start the residency application we should be fine, i would prefer a free "roam anywhere any job" residency rather than being tied to my current employer. but as long as with both of them she can work, i'm fine.

i appreciate your time and input on this.
thanks.
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Old Jun 20th 2005, 1:49 pm
  #36  
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Default Re: quick question

Originally Posted by doc d

that's the answer i want.
You will be able to gain sponsorship from a US Company, then leave within 6 months and roam free on your H1b.

Your wife can set up her consultancy company and work via a UK entity on a visa waiver and never file income tax.


well, that's the answer you want right?
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Old Jun 20th 2005, 1:58 pm
  #37  
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Default Re: quick question

Originally Posted by Manc
You will be able to gain sponsorship from a US Company, then leave within 6 months and roam free on your H1b.

Your wife can set up her consultancy company and work via a UK entity on a visa waiver and never file income tax.


well, that's the answer you want right?
no.
not at all.
i've set out the question, with a frame work. read it again.

grade :
F

read the question again.
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Old Jun 20th 2005, 2:04 pm
  #38  
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Default Re: quick question

Originally Posted by Manc
You will be able to gain sponsorship from a US Company, then leave within 6 months and roam free on your H1b.

Your wife can set up her consultancy company and work via a UK entity on a visa waiver and never file income tax.
Get a job with a L visa?

Can you not also apply for a work visa with Immigrant intent so you can come in with a GC to start with.

And like I said searcgh for prior posts.
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Old Jun 20th 2005, 2:05 pm
  #39  
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Default Re: quick question

Originally Posted by doc d
no.
not at all.
i've set out the question, with a frame work. read it again.

grade :
F

read the question again.
Do you read the resonses???

read US Bounds response approx 4 posts before mine.

However NO-ONE is going to tell you to break the law on a US immigration thread that can for all we know have immigration officials lurking on it.

take your grade F and shove it up your fu**ing arse.
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Old Jun 20th 2005, 2:11 pm
  #40  
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Default Re: quick question

Originally Posted by Manc
Do you read the resonses???
did you read the question:
does anyone have any experience ofetc etc?

ie do you or do you know of anyone?
i already know that h4 cannot work here. AT ALL. i'm not asking anyone to give me law breaking advice. i'm after advice on a specific point. do you have any experience.
you obviously didn't read the question, so you got an F. i can't be fairer than that now can i? but i am willing to let you sit the question again.
so do you have experience of trying to work as a sole trader ?

thank you.
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Old Jun 20th 2005, 2:17 pm
  #41  
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Default Re: quick question

Originally Posted by doc d
did you read the question:
does anyone have any experience ofetc etc?

ie do you or do you know of anyone?
i already know that h4 cannot work here. AT ALL. i'm not asking anyone to give me law breaking advice. i'm after advice on a specific point. do you have any experience.
you obviously didn't read the question, so you got an F. i can't be fairer than that now can i? but i am willing to let you sit the question again.
so do you have experience of trying to work as a sole trader ?

thank you.
Whom will be the sole trader? You I presume will be the name on the DBA and the legal entity.

aaaah but you're a doc..........probably at some university hospital working 60 hours a week, so are you asking that can your wife work and you just pocket her income as yours via the DBA?

well. I'm not going there.

Last edited by Manc; Jun 20th 2005 at 2:45 pm.
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Old Jun 20th 2005, 2:37 pm
  #42  
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Default Re: quick question

After reading this thread quite a few times cake and eat it springs to mind.
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Old Jun 20th 2005, 2:55 pm
  #43  
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Default Re: quick question

Originally Posted by Manc
Whom will be the sole trader? You I presume will be the name on the DBA and the legal entity.

aaaah but you're a doc..........probably at some university hospital working 60 hours a week, so are you asking that can your wife work and you just pocket her income as yours?

well. I'm not going there.
no. she will. not me.
no i'm not trying to cheat the system, i'm not trying to "not pay tax" "earn extra free money".
i'm after advice about how my wife can keep a lucrative career going from her contacts in the UK, possibly as a consultant. because we only have 6 months of savings to support us living together before our money runs out and more than likely she has to go back home. and seeing as we've had 18 months apart as is we don't want to do that.

so.
again:
does anyone have any experience of setting themselves up in business as a consultant in the UK. doing work for UK companies but being sat physically in the US but being paid into a UK bank account. on which taxes etc will be paid in the UK and filed for in the USA.

its not a case of cake and eat it, its a case of option 1, while looking at option 2 of applying for jobs here, while looking at residency.

again, thanks for your time.

re: opinions on what i want and don't want. i've not made assumptions about for example, manc, having nearly 10,000 posts in two years (a rate of about 13 posts a day) marking them out as a slacker who sits on internet forums doling out opinions. so please don't make assumptions that i'm trying to cheat the system.
i think that's a fair one.
don't you?

Last edited by doc d; Jun 20th 2005 at 3:00 pm.
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Old Jun 20th 2005, 3:01 pm
  #44  
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Default Re: quick question

Originally Posted by doc d
no. she will. not me.
she'll then be working. Which is forbidden on a H4
Originally Posted by doc d
i've not made assumptions about you, manc, having nearly 10,000 posts in two years (a rate of about 13 posts a day) marking you out as a slacker who sits on internet forums doling out opinions.
why not.
that's precisely what I am.
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Old Jun 20th 2005, 3:06 pm
  #45  
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Default Re: quick question

Originally Posted by Manc
she'll then be working. Which is forbidden on a H4
why not.
that's precisely what I am.
Yup!! thats true...
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