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About US-UK

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  • Member # 329047
  • Location Boston, MA, USA

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Immigration Info

  • Immigration Status
    EB-1 Visa
  • Place benefits filed at
    Vermont Service Center
  • Local Office
    Boston MA
  • Country
    United Kingdom

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  1. US-UK

    EB-1 visa

    EB1-A (with a fantastic lawyer and premium processing, all thankfully paid for by someone else).
  2. US-UK

    EB-1 visa

    My partner came to the US on 01 (which took 4 months from him starting to collect paperwork to arrival in US), with company funded legal support and expedite. I recall we were advised to wait 6 months after arrival before adjusting status but then delayed it further for personal/business reasons. We are, thankfully, a few years into our careers and my partner is in a field that lends itself to the publications and awards they are looking for, and doesn’t have any US specific training or licensing requirements, so he covered the EB1 criteria fairly comfortably.
  3. US-UK

    EB-1 visa

    We had employer-funded legal support and were, honestly, pretty disconnected from the green card process as the heavy lift on Information and document preparation was already done for the O1, except for some new/updated recommendations. Sorry not to be more helpful, but I did want to respond as O1/EB1 are such a small group on VJ.
  4. This is very concerning advice tax as we have zero information about the OP’s tax position based on the question asked. If you have current or continuing foreign income (rents, severance, vesting equity, etc), you may still need to file, even absent US income. Or if you have US unearned income subject to certain rules. You may not owe anything, but you still file. And for some people, US filing obligations don’t wait to start on green card. You can already have an obligation to file based on time spent in the US in prior years. Not everyone reading this site is in the same employment, travel and financial position, so we need to stick to the question asked or probe for more information when needed. And answers about tax advice should be caveated (eg, most people will not have a filing obligation) or be more precise (eg, no need for a return if you don’t have xyz). And people new to the US tax system, please bite the bullet and hire a tax accountant familiar with your country’s tax treaty.
  5. Time can’t ‘stop running’ on visas, including O1s, because most recipients are actively using them. It’s unfortunate your boyfriend didn’t just move up his flight but nothing to be done on that now. As to current solutions, O1s are easily extendable so just have his lawyer submit the paperwork when the time comes. Or after he gets to the US, work for a bit and adjust status as an EB-1. There are a few additional requirements to prove qualifications and he might need to go back to his recommenders to have them revise and reissue their letters, but honestly it was a fairly easy and short timeline as he’ll already have his CV, publications, awards, etc. pulled together. There is no interruption to work eligibility. Our biggest downside was not being able to travel while waiting for AP to come through.
  6. Am I the only one wondering how all the family members ‘stuck in the US’ will manage to extend their travel insurance and do so in a way that covers them should the get covid? Screwing up a visa is bad enough, but a hospital bill could be crushing for the visitor and their financial guarantor, even under the CARES Act. I am honestly astonished that people didn’t start repatriating in late February and heed the recommendations and subsequent directives to return home in March.
  7. The US and other countries repeatedly told their citizens and LPRs to return home immediately or be prepared to stay out for an extended / indefinite period of time. So I continue to struggle with the notion that anyone is “stranded” when there were options, each of us chose an option, and now each of us has to live with the consequences of our decisions.
  8. This is why many countries have systems for their citizens abroad to provide their contact information and dates/locations (eg, UK Foreign Office registration, US STEP program). This is how they figure out who is where, push out info (eg, about current local conditions, recommendations, info on repatriation), and contact you to see if you need support (and/or give phone or emails to reach them). Or, you call the main embassy number for help in a crisis and hope someone answers. Absent some action on the part of the traveler, the home country won’t know where you are and won’t consider you ‘abandoned.’
  9. As I think you noted, none of that explanation precludes the need to potentially file in another country in addition to being a US tax resident, which is where the treaties come in. Some examples: Scenario 1: Long Term Incentives (e.g., shares) awarded while a tax resident of Country A are now vesting. Country A has a claim on the income tax, despite the current US status, as the LTIs were awarded on their soil. Tax treaty is implicated. Scenario 2: LPR retains a propert(ies) in Country B and rents it out, earning income in Country B and triggering a tax filing. Tax treaty may be implicated. Scenario 3: LPR is beneficiary of a Foreign Grantor Trust in Country B which must be reported to the US government and may be taxed on imputed interest income. Tax treaty must be considered.
  10. As a general reminder, everyone should be wary of taking tax advice from a message board, especially when you see blanket statements like ‘the LPRs can’t use the tax treaty.’ It May not apply to the poster’s personal situation but it might for others. In the case of treaties, they can apply when an LPR must file dual returns as a result of certain dividends and interest on ex-US accounts, rental income on an ex-US property, certain trusts, or other sources of income. Talk to a dual qualified tax accountant (or at least one with some experience with this area of the law).
  11. I am totally on board with the separation of finances (and have one shared account to which we contribute pro rata for household expenses). I assume there’s a good financial benefit to you filing MFJ. There isn’t for us but if we did I might try to run the returns as MFS and then use those numbers to determine proportional shares. Or just use the amount of tax each partner paid (from W-2s) to calculate the proportion of who gets what back on the refund. There isn’t a right answer but you could just agree on a calculation that is reasonable and based at least somewhat on logic.
  12. This is a question of state employment and contract law, not immigration. Not necessarily. See, e.g., doctrines of reliance and promissory estoppel. I’m not saying the husband would be successful on these facts, but it’s not as black and white as “it’s not a contract.” If I was the employer I be extremely hesitant do this, or at least not without a lengthy list of conditions, in which case the offer is basically worthless to bolster an immigration dossier. I would also be hesitant to hire someone who I already worry might not work out, as I would not want to be on the hook for a UC or other claim. This does not constitute legal advice.
  13. The basis of the child’s citizenship isn’t completely clear to me. Did she get pregnant, leave before the expiration of her visa/VWP, give birth in Taiwan and file CRBA (without the birth father’s support)? Or did she stay in the US past her visa/VWP and deliver in the US? It doesn’t really matter given that the child must be 21and domiciled in the US to sponsor the mother, but it could impact the mother’s non-immigrant travel to the US between now and then (for example to visit the child while s/he is studying at a US boarding school or college, which would be another way for the mother to send her child to school in the US).
  14. This isn’t a work visa question, it’s a California motor vehicle regulation question. Perhaps ask to have this moved to the Living & Working forum where more California residents might be and have advice?
  15. Presumably you already have done the research and have a plan in place to insure them from Day 1 that they arrive here, with enough money to do so. With pre-existing conditions, and especially a chronic condition that is infamous for its high cost of care, presumably you are evaluating their coverage options with an eye not only to premiums but also to exclusions and out of pocket costs, and can afford to pay those amounts as well. This is what they need to evidence at their interview: that you have done the research and have selected a plan, are ready to trigger it, and can afford to maintain it for the foreseeable future.
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