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L1B - can I be in the US whilst company files?

L1B - can I be in the US whilst company files?

Old Sep 17th 2014, 4:08 pm
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Default L1B - can I be in the US whilst company files?

Hi,
I'm a UK National currently in the US on a visitor (Esta / VWP) visa whilst doing some work for my company. There are roughly 2 months left on the visiting visa. I was due to go back home to England next week.

A colleague in the US resigned their position this week and now a role has become available. Moving to the US with work is something I was interested in doing and now I'm fairly certain that I may be offered this role, which would require filling almost instantaneously.

I would require an L1B. Can my employer file whilst I am still here in the US? I can't find an official answer on this anywhere other than, a requirement being that I would have had to have worked for the company in another country(uk) for at least a year. Which is true.

What would then happen once the application was made? Would I need to go home for an interview or could I do the interview here, then go back home to organise my arrangements in the UK?

Hope someone can help!
Thanks!
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Old Sep 17th 2014, 4:50 pm
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Default Re: L1B - can I be in the US whilst company files?

Just to get the terminology correct, you are (I hope) currently in the US "on business" for your employer - you are not "working" in the US.

Remember that.

Your employer can file the L1 petition as soon as they like, but your current trip to the US is still governed by the terms of the VWP - you can't "work" while you are in the US "on business" and you still have to leave the US within the 90 days allowed under the VWP.

So, your employer can start the L1 process immediately - assuming that you qualify (and I hope that you haven't spent too much time in the US over the past few years because any time that you were physically present in the US doesn't count towards your "time working outside the US") and you can continue your current business trip, performing only those activities permitted under the VWP.

You return to the UK, go for your interview and can head back to the US to work as soon as you get your L1 visa.
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Old Sep 17th 2014, 5:00 pm
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Default Re: L1B - can I be in the US whilst company files?

Reading between the lines so to speak -- I believe that there is a dichotomy between the question actually asked and what OP meant to ask.

So -- can the employer file the petition while OP is in the US? The answer is "yes."

However, the posting seems to imply a further question of whether or not OP can change his status in the US without need to depart. The "visa waiver" classifications do not allow for extension or change of status while in the US.
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Old Sep 17th 2014, 5:42 pm
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Default Re: L1B - can I be in the US whilst company files?

Great, thanks guys. Sorry for not being clear!

Yes, I was only here meeting our US team whilst still doing my "work" remotely (UK job with UK customers with UK salary)

Dichotomy - great word.

My company will want to move fast but I want to get this right, so it's good to know that they can apply now but I can tell them that I have to be careful that I am not performing job functions that would be considered gainful for the US business until such time that my status changes.
Then my status can only change after going back home to my home country where my passport was issued and interview and receive visa in passport.

As part of being careful whilst on a VWP, is there any chance that whilst I am here, I would be allowed to visit existing US customers as just a meet&greet? Would they count as "Business Associates"?
I'm not a salesman, so as long as I am not selling our product (made in the US), would that be ok? I struggle to find anything in black and white and I'm always one to errr on the side of caution.

Cheers again!
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Old Sep 17th 2014, 5:52 pm
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Default Re: L1B - can I be in the US whilst company files?

Putting things in air quotes doesn't necessarily change what that thing actually is. Enjoy your "business meetings".
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Old Sep 17th 2014, 5:54 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by shankle
Yes, I was only here meeting our US team whilst still doing my "work" remotely (UK job with UK customers with UK salary)
Meeting the US team is allowed. Doing your normal work remotely is not allowed.

Rene
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Old Sep 17th 2014, 6:17 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by sir_eccles
Putting things in air quotes doesn't necessarily change what that thing actually is. Enjoy your "business meetings".
Not sure what that means but thanks for the input.

Originally Posted by Noorah101
Doing your normal work remotely is not allowed.

Rene
Really? On a VWP you cannot do your full time job that is based outside of the country between the activities that you came over to the US for a temporary period for?
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Old Sep 17th 2014, 6:28 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by shankle
Really? On a VWP you cannot do your full time job that is based outside of the country between the activities that you came over to the US for a temporary period for?
Correct. You can't do your regular daily work. You can only do certain business activities, such as client meetings or attending trade shows.

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Old Sep 17th 2014, 9:40 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by shankle
Really?
Yes... really!


On a VWP you cannot do your full time job that is based outside of the country between the activities that you came over to the US for a temporary period for?
No. The single criterion is whether or not you're in the US whilst the work is being done. Working your regular job is not allowed on the VWP, regardless of where the clients are, where the company is, or where the money is deposited.

Now, that all said... are you likely to get caught? No. Does that make it okay then? No. Regardless, it'll likely make no difference whatsoever to your L-1 visa.

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Old Sep 17th 2014, 10:37 pm
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Default Re: L1B - can I be in the US whilst company files?

To OP: with one exception, please note that all the answers you have received here have been by lay persons, not immigration lawyers.

Just sayin.
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Old Sep 17th 2014, 11:36 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by S Folinsky
To OP: with one exception, please note that all the answers you have received here have been by lay persons, not immigration lawyers.
I just realized that you're a lot like Sheldon Cooper.

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Old Sep 18th 2014, 5:25 am
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by Noorah101
You can't do your regular daily work. You can only do certain business activities, such as client meetings or attending trade shows.
It really isn't that simple or clear cut.

For one thing, those "certain business activities" that are allowed might actually be the same as "regular daily work" for some people.

For several years the bulk of my "daily work" consisted of figuring out possible solutions to long term strategic problems - that involved a lot of thinking and very little in the way of tangible "work product" - I wasn't writing reports or having business meetings - I was just thinking about stuff - and when I spent time in the US having incidental business meetings etc - I was still "thinking about stuff" - and that "thinking" was what my company was really paying me for.
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Old Sep 18th 2014, 2:30 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by S Folinsky
To OP: with one exception, please note that all the answers you have received here have been by lay persons, not immigration lawyers.

Just sayin.
Thank you!
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Old Sep 18th 2014, 2:33 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by md95065
It really isn't that simple or clear cut.

For one thing, those "certain business activities" that are allowed might actually be the same as "regular daily work" for some people.

For several years the bulk of my "daily work" consisted of figuring out possible solutions to long term strategic problems - that involved a lot of thinking and very little in the way of tangible "work product" - I wasn't writing reports or having business meetings - I was just thinking about stuff - and when I spent time in the US having incidental business meetings etc - I was still "thinking about stuff" - and that "thinking" was what my company was really paying me for.
My sentiments exactly. I can't imagine that many people who travel on a VWP for business put their smartphone down whilst replying to an email from their counterparts in their home office, as they think, this may invalidate the terms of my visa...
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Old Sep 18th 2014, 2:53 pm
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Default Re: L1B - can I be in the US whilst company files?

Originally Posted by shankle
My sentiments exactly. I can't imagine that many people who travel on a VWP for business put their smartphone down whilst replying to an email from their counterparts in their home office, as they think, this may invalidate the terms of my visa...
Best check with your immigration lawyer then. Not worth risking have your L1 refused because you've been doing your job in the US without the correct authorisation.

BTW, I don't think anybody is saying that answering the occasional email is an issue (most do that, even whilst on holiday), it's doing your normal day to day job whilst in the US that is the issue, which is what you made it sound as though you were doing in-between business meetings.
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