godisaclog

Hi everyone,

Two years ago I moved to Houston, TX on my L-1A visa for a small company to help establish an office. Things didn't work out with the office and I had to move back late last year, much to my and my wife's disappointment. Before I left I had made contact with a few interested employers, but we found no way to keep me over there. I have since joined a company with headquarters in the UK who would consider sending me to work for their US office. It might even be that the parent company has blanket petition status - I'm not quite sure.

So first, it's good to be back at square one I'm hoping our transition this time (if it happens) is smoother now having a SSN, driving licence, bank account and some semblance of a credit score. Together with knowing a few folks in Houston who can really help us out.

My questions really are as follows:

1 - The USCIS guidance states you need to be employed by the company for 12 months before you can put in the application. What is the nature of this number? Is it absolute, or can you apply a little earlier; or would it be beneficial to apply a little later?

2 - I'm currently regularly visiting the US for business meetings with the US office. Probably only four times a year times ten days a trip - but I still worry that this could affect the application. Is that possible? I have made sure that I enter each time on my B-1 visa and not the L-1A visa from my previous employment.

3 - I have previously (and succesfully) applied for an L-1A. Will that affect this application in either a positive or negative way?

4 - My wife had employment authorization on her L-2 status. I am presuming that as my L-1 is no longer strictly valid (due to no longer being in that role), her L-2 status is also revoked and that her EAD is also invalid. Or would either of those still be useable (I doubt it - but just checking). If I get a new visa, we would need to repeat the EAD application process. She has travelled back once as a visitor on an ESTA.


I still have some six months to wait before I'm employed for what I understand is the minimum 12 months; but it's probably worth starting to think about all this now.

Advice as ever, appreciated!

civilservant

1.) Its an absolute. Apply at 364 days and your application will be rejected.

2.) It won't

3.) No. This application will be treated on its merits.

4.) When your L1 became invalid (because the business shut down) her L2 and subsequent EAD also did. She'll need a new one.

rebs

As I understand it, the time you are spending in the US on business trips will affect the timing of your L1 application - you will have to have worked for the company outside of the US for at least a year, so time spend in the US will have to be added onto your year.

civilservant

Actually I think Rebs May be right on that one...

ian-mstm

Yes. Further, any time spent inside the US must be added to that number. So, if you spent a total of 2 weeks in the US during this last year, you can't apply until after you've been out of the US for 54 weeks (52 + 2).


It won't affect your application, but it will affect when you can apply.


No.


To clarify - it is no longer actually valid.


Both her L-2 status and EAD became invalid the day your L-1 became invalid.


Correct.

Ian

godisaclog

Thanks all. That helps clarify a lot. I think my strictly valid comment was that I still have the thing in my passport (it hasn't been physically removed) and they ask me each time if I'd like to enter on it. To which I say no, I've changed position and I need to enter on the B. But no matter - I appreciate I shouldn't be legally entering on it.

Another question - what weight is roughly assigned on you owning property back in the UK? I was asked to supply evidence last time, as I supposed it would show the strength of my ties to the UK. I'm currently considering selling my property given that I am now employed in a different part of the UK. Is this adviseable, or would I be better waiting until the application went in?

Michael

L-1 visas are dual intent so it shouldn't be an issue. I don't think there is any thing that has to be provided to show ties to the UK.

ian-mstm

For an L visa, none!


Curious! I wonder why... because, as Michael notes, the L visa is clearly dual intent - and ties to the UK (or other home country) are not required.


You can sell if you want... but your decision should not be based on whether it'll affect any future visa.

Ian