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  #11  
Old 07-08-2012
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Re: Green card...

I think you guys are coming at this from the wrong direction.

Regardless where David is physically located, his income is derived from a British website. He's merely logging on remotely. To my way of thinking, work wise, he never left Britain. David would be no different than any British executive on holiday in the USA who's office contacts him regularly for corporate related 'stuff' and management advice.

For instance, If the head of the Bank of England visited the "Fed" in New York, he would naturally be on the phone, web, and video conferencing to his British office. In fact working in America while receiving his British paycheck. He certainly doesn't require a green card or work visa as his 'place of work' is not in America.

So, if not his physical location, his place of work becomes the Web site hosting location. Since it's clearly not located in America, let me ask how would American immigration officials ever become aware of it??? .... and .... Why would this ever become an issue in the first place???
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Last edited by TropicCat; 07-08-2012 at 07:15 AM.
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  #12  
Old 07-08-2012
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Re: Green card...

Quote:
Originally Posted by TropicCat View Post
Regardless where David is physically located, his income is derived from a British website. He's merely logging on remotely. To my way of thinking, work wise, he never left Britain. David would be no different than any British executive on holiday in the USA who's office contacts him regularly for corporate related 'stuff' and management advice.
Right! B2 - Tourist Type Visa

Quote:
Originally Posted by TropicCat View Post
For instance, If the head of the Bank of England visited the "Fed" in New York, he would naturally be on the phone, web, and video conferencing to his British office. In fact working in America while receiving his British paycheck. He certainly doesn't require a green card or work visa as his 'place of work' is not in America.
Wrong! Visiting the Fed would be conducting business. B1 - Business Visa

If he did both B1/B2 combined business and pleasure visa.

Edit: I got B1 & B2 backwards - fixed.

Last edited by Geoff54; 07-08-2012 at 11:27 AM.
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  #13  
Old 07-08-2012
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Re: Green card...

Thank you for the input guys
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  #14  
Old 07-08-2012
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Re: Green card...

David, my unlicensed understanding of this is that if the web site is hosted in the UK, the business locus is in the UK, and if the web site generates income that income was generated in the UK.

OTOH if you actively log into the web site, and while you are sitting in the US you perform some activity which generates the income...well, you've been working here, haven't you?

One might suggest covering the hatches and portlights so the predators can't peer down into the boat, and simply not mentioning where you are when you click "SEND MY MONEY!". Or, go the formal route, if you're really planning to work in the US and that type of work is covered. "Work" is often different from a professional or artist performing what they do for an income, i.e. writing books or programming code. You'd best consult the green card lawyers if you want to be sure, for the specific business activity you perform.
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Old 07-08-2012
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Re: Green card...

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Originally Posted by Geoff54 View Post
Disclaimer.
The immigration laws were written pre-web and it seems to me that the situation you describe is a gray area, which wouldn’t raise any red flags on a B2 (visitor visa), unless you raised the issue of working here or wanted to stay for a long time. It could be argued that it is no different from an investor managing his portfolio, although it’s better to avoid arguing it at all. A B2 is for a specific period of time and you need to prove that you have the resources to support yourself for that time without working here – the longer you want to stay, the harder they will look.
Dont compare yourself to an investor, The US SEC takes the view that anyone traveling in the US and executing (providing instructions) a trade in a security is subject to US law even if their broker is located in a different country and the broker must be registered in the US in order to accept the trade.
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Old 07-08-2012
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Re: Green card...

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Originally Posted by hellosailor View Post
OTOH if you actively log into the web site, and while you are sitting in the US you perform some activity which generates the income...well, you've been working here, haven't you?
Sometimes it's a very fine line but Immigration differentiates between "work" and "conducting business".

As long as it's temporary and you are not getting "paid" in the U.S. it is usually business - B1 Visa - not too difficult to get.

Getting paid directly while in the U.S. for a task performed here is "work" and requires a work visa (H1, H2, etc) - much harder to get and usually requires a Sponsoring Company, Dept of Labor certification, etc.

A Green Card is for permanent residence and unless you qualify because you have family here or because of special circumstances, the usual approach is to get a work visa, move here and then apply for a permanent residence. The are also quotas and waiting list which vary depending on your country of origin. Not sure what it is now but when I got my GC there was a two year wait from when you applied until they even looked at the application - that was from the U.K. which had one of the shorter waits.
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Re: Green card...

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Originally Posted by delite View Post
Dont compare yourself to an investor, The US SEC takes the view that anyone traveling in the US and executing (providing instructions) a trade in a security is subject to US law even if their broker is located in a different country and the broker must be registered in the US in order to accept the trade.
Didn't even think about the SEC and I'm betting most active traders don't either.
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Re: Green card...

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Thank you for the input guys
You don't expect us to stop arguing amongst ourselves, do you??
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  #19  
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Re: Green card...

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You don't expect us to stop arguing amongst ourselves, do you??
Lol, not at all.

I am following each of the exchanges, I just thought that I should chime in so you know i'm still following the conversation.
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Re: Green card...

To clarify my position:

I currently make money selling digital products through my own website and through eBay.

Any sales which come through my website are fully automated, the customer chooses what they want, pay through paypal and they receive an email fro the site containing a temporary download link, first time I know I have sold a product is when I get a notification email from paypal saying that I have new funds.

eBay sales, I simply send a pre-formatted email in reply to the paypal receipt which either has the file attached or (if too large to email) a temporary download link.

From the sounds of of neither of those instances would require a work visa.
__________________________________________________ __________

As for travelling plans, I want the freedom to be able to go wherever the wind takes me. Pardon the deliberate pun

I will most likely visit the med first (first long distance cruise).
But I would very much like to visit US waters, key west and sail on the bahamas, Caribbean and Hawaii
__________________________________________________ __________

Aside from digital sales, I am working hard to launch a children's foundation in the UK, a unique 'self-funding' charity project designed to make a difference in the lives of local children.

I had/have plans to bring the project to the US in the next few years but it seems that there may be possibility to bring that timeline forwards somewhat in which case that would complicate matters ever further.

If things pan out that way then It is highly likely that I will come out the US via 747 and leave via sailboat...
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