miltones

A NY cliche perhaps, but I've just booked my ticket to fly to SF next week to lease an office for a new US arm of my UK business.

This is my basic plan I'd appreciate any comments about misguided assumptions.

I had been stalling whilst I researched visas, but I now realise there is no reason to wait. Even if I am unsuccessful in getting a long term visa, it seems I can still set up the business. With the VWP it is ok for me to be "Attending business meetings, purchasing property, negotiating and signing contracts, gathering and fulfilling orders"

This is great! everything I need basically. Or am I missing something? It seems to me I can go ahead without stressing about visas.

Of course, I do want to proceed with one eye on an L1 or e2 application for transferring myself to the new office. Which brings me finally to the question

I am looking at an office for 2 staff initially. SF is expensive. For my purposes a couple of desks in a shared office is perfectly fine. It can scale as necessary. Lots's of real companies use shared offices while they incubate - there is no shame in this in my field. Will this however prevent me from petitioning for a L1?

I'm presuming it's okay for me to hire and fire US workers on the vwp prior to the petition?

Do I need to incorporate before I hire?

The UK business has 19 employees FTE. A mixture of full time part and long term contractors. I want to hire one or two for the US office. And eventually transfer one (me probably) across.

Is there anything else I should look out for before signing any lease for an office?

I've just applied for a dollar bank account.

AdsUK

Could you not use a business centre, ie. Regus type thing? (Not sure if this allowed with a L1).

Anyway, the bigger issue is I have no idea whether anything you are saying is true anymore:

One minute you are having a cycle tour/visiting friend/travelling around the US after taking a sabbatical for a year, then saying 6 months, and now you want to be full steam setting up a US office for your company.

You also said in the other thread you hadn't researched the L visa anymore in the last 5 years, and yet now you are applying for a dollar bank account, you have booked flights to SF and you're off next week to lease an office.

So this wasn't 100% truth at all?

Before everyone gives up on helping you, perhaps you could finally clarify what your true circumstances are and what you are actually trying to achieve. We are not the US Immigration service. Make up as many versions as you want, just don't expect anyone to help. Be fully open and honest and someone will point you in the right direction of what visa you can consider.

However, I find it totally bizarre/worrying that someone who clearly has a pretty successful UK business, is yet to seek the advice of a US immigration attorney or do some simple research into a L or E visa and is making life changing/seemingly rash decisions into the future that could have an effect on your successful UK company.

If you cannot get a story straight on here, how are you going to stand up to any level of questioning in the visa interview?

miltones

No misdirection intended. You are just witnessing the sequence of my thought evolving over a sleep deprived 24 hours. All posts were sincere at time of posting.

AdsUK

May I respectfully suggest you cancel your flights (if you are within a 24hr cancellation window), get some sleep and take the advice of an immigration lawyer on Monday morning?

I am in no way saying you cannot achieve whatever dream you are setting yourself up to achieve, there is probably a visa or a way of achieving it given the successful UK company you have, but take some time over the weekend to get your head straight.

Nothing is going to change in your life or US immigration law between now and Monday.

AdsUK

In fact, i'd be VERY interested to find out how you get on and what route you take, as I have a similar ambition, am a UK Ltd company Director, but as this stage we are looking to expand to London over the next 12-24 months and if this proves successful, may then look at a US office.

miltones

No way it's going to be awesome! I have to commit to it now before I change my mind.

miltones

Adhd is a blessing kids. Don't take the meds.

miltones

Re lawyers. I've never even spoken to one my entire life and don't plan to for the petition either. I religously avoid any situation that requires a tie or a lawyer.

AdsUK

I'll leave any further comment and advice to the other posters.

All the best, and a Happy New Year.

miltones

okaay well you misquoted me and left out the bit about how I'm scared stiff of lawyers...but yes so I'm a crazy impulsive liar - fine. No law against that. Still maybe the meat of the questions are of interest to others so if anyone wants to contribute something positive rather than smashing me about that is still welcome.

And sorry for posting so many disparate thread but it seems like every thread I've posted has been deflected off course within a couple of posts, usually with an unnecessarily personal opinion that shifts the discussion firmly away from the original question. I'm probably not helping. But it's kind of childish too.

AdsUK

I hate estate agents, but I still had to deal with one when I purchased my house.

I'm not interested in "smashing you about.." but i'll state again, if you cannot get a story straight on this forum when your story has holes poked and you are scared of a lawyer who is being paid to HELP you, you are going to be eaten alive if you put yourself in front of a embassy officer.

Are you really going to potentially screw up this dream of yours by making a bad choice by not picking up a phone or even just sending some initial emails to an Immigration attorney?

You clearly cannot see it, but I am trying to help you, and as i've stated before I would be very interested in you succeeding as I would like to follow the L-1A route in the future.

miltones

You didn't have to buy a house from an estate agent. You didn't have to buy a house. I don't mind lawyers personally. I just tend to avoid situations that 100% require them. Same with ties. Nothing against that lifestyle, it's just a simple rule I have that reduces my decision fatigue. No weddings. No complex contracts. I'm a hand shake kind of guy. Discovering that I can do an L1 without a lawyer has increased my enthusiasm by about 500%. But it's just a personal preference and I totally get it's kinda crazy... but it's my choice.

There are no holes in my story. I was taking a sabbatical. Still am taking a sabbatical of a year or so.Which is precisely the reason why I'm able to take risks and fly to SF on a whim.

Picking apart differences in time periods in between threads serves nobody. Not me, not you, not the reader of a thread who might be looking for info about suitable leases.

It's a waste of all our time. And in my mind it's a greater crime to deflect this thread with accusations of untrustfulness (this thread is surely dead now, cheers) than to say 'one year or so' in one thread, and 6 months in another. It's totally not important man! You are not making any kind of positive contribution. This isn't a dress rehearsal for a damn visa! It's new years day and who isn't allowed to be impulsive and make changes on new years day!

AdsUK

I had to deal with the estate agent if I wanted my specific house and it's important to me to have a secure roof over my head (ie. landlord not kicking me and family out). I believe it's a good financial investment too for the long-term, but that's just me.

My point is I wouldn't not deal with any sort of estate agent/lawyer/etc if it meant I may not achieve what I want in life and you shouldn't stop a fear of dealing with lawyers stop you from having the best chance of achieving your immigration dream.

Just because i'm not telling you what you want to hear doesn't mean it's not a positive contribution though. You come on here asking for assistance and change your story several times in 24 hours. While the holes in your story may not bother some, it does bother me when I choose to spend time replying to your posts.

While I admire your "simple rules" of life, US Immigration law does certainly not fall into the "no complex contracts" category, hence why I personally would seek an immigration attorney.

I am sure if others view my replies in the same way you do, than they will be along to add more positive replies than I have. Remember a lot of posters are indeed in the USA, so are unlikely to be here until later, or are just suffering hangovers!

Clearly I am not going to appease your views of me, so on that basis I will just finish by wishing you good luck in your endeavours.

miltones

Thanks for your best wishes. I think I'm too used to being the boss and being able to dictate the terms and flow of discussions. I think I am misusing this forum as a Q&A site, getting frustrated if the discussion drifts even slightly off topic. Clearly that's not what this place is all about. And i apologise for enforcing my view of what this forum should be.

Happy new year.

miltones

Thanks for your best wishes. I think I'm too used to being the boss and being able to dictate the terms and flow of discussions. I think I am misusing this forum as a Q&A site, getting frustrated if the discussion drifts even slightly off topic or becomes personal. Clearly that's not what this place is all about. And i apologise for enforcing my view of what this forum should be.

I should probably buy a house one day.

But regardless, if anyone mentions my phobia of lawyers, or the multiple time dimensions of my sabbaticals again, I will unplug the whole internet.