abboy

Hi Everyone,

I am now in the midst of deciding whether to get an L1 visa or E3 (Australia equivalent to H1). I am a bit confused on what to do.

I am not sure what are the advantages and disadvantages between the two.

My concern is my children education, with L1 dependent visa, especially for state universities, I might not be eligible to apply for state residency for tuition and fee purposes. Thus, ending up paying foreign students rate which is more than double the amount.
What about public schools for high school and elementary, can my children go in there with L1 dependent visas? or do I need to pay tuition fees?
I know for some private school have the same fees for foreign and local students.
What are the other things I should look out for either visa?
Thanks in advance for any replies.

crg

The dependent of an L1 is an L2. L2 minor children can attend public school just like any other child with no additional fees. L2 spouses can apply for work authorization.

abboy

Thank you for your reply.

If you have a choice ,which one would you apply ?L1 or E visa?

Any opinion is appreciated?

crg

If you have the opportunity to be an L1 which is an intercompany transferee, then I'd take that one. L1 allows dual-intent which means you can intend to be an immigrant and abandon your foreign residence. E is usually a tougher status to be in because it doesn't allow dual intent. If your family doesn't get a green card eventually, your kids will have to depart the US or apply for status from square one without you.

If you plan to work for a short period of time, and depart back to Australia, then either one would be okay.

I haven't researched the E3 specifically, but the E1 and E2 are that way.

Andrew R

crg14624 wrote:
    >>Thank you for your reply.
    >>If you have a choice ,which one would you apply ?L1 or E visa?
    >>Any opinion is appreciated?
    >
    >
    > If you have the opportunity to be an L1 which is an intercompany
    > transferee, then I'd take that one. L1 allows dual-intent which
    > means you can intend to be an immigrant and abandon your foreign
    > residence. E is usually a tougher status to be in because it doesn't
    > allow dual intent. If your family doesn't get a green card
    > eventually, your kids will have to depart the US or apply for status
    > from square one without you.
    >
    > If you plan to work for a short period of time, and depart back to
    > Australia, then either one would be okay.
    >
    > I haven't researched the E3 specifically, but the E1 and E2 are that
    > way.


I'm in the same quandry as the original poster.

So far I've identified these two tradeoffs:

L1 - as mentioned above, allows application for greencard/"permanant" residence
in the US.

but:

L1 - presumably ties you in to one company (?).


Now, on this last point I'm *not sure* if its true.
My logic is that if you're transfering to another branch of the same company,
its logical that the visa applies to that company only.

Anyone know if this is correct?

Thanks!
Andrew

crg

That's correct. You can only work for the same company, in the same capacity (manager or professional). If the employer changes, or your job within the company changes then you may have a problem.

Andrew R

    >>L1 - as mentioned above, allows application for greencard/"permanant"
    >>residence in the US.
    >>but:
    >>L1 - presumably ties you in to one company (?).
    >
    > That's correct. You can only work for the same company, in the same
    > capacity (manager or professional). If the employer changes, or your
    > job within the company changes then you may have a problem.

Thanks for the confirmation.

An L1 gives a _lot_ of power to the employer.

Do you think the following table is about right? (e.g. no path to greencard with
the E3):

Visa Feasibility Any Employer? Path to GC Spouse?
---------------------------------------------------------------------
H1B Very Difficult. Yes; Yes No
(limited qty) Professional/
speciality

L1 Straightforward NO. One only Yes Yes
after 12 months at
overseas branch.

E3 Unknown, but pres- Yes; No Yes
umably straightforward Professional/
for Australians speciality


Pick your benefits/drawbacks!

abboy

Does it mean if my position changes, my L1 visa will not be valid anymore unless my employer agree to sponsor me for a green card?
For L1, does my employer obligated to shoulder all my cost of transfer back to Australia if they decide not to renew my L1 visa?

For E3 , does it mean I dont have any chance to apply for a greencard after a period of time, even my employer agrees to sponsor me?